Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
The ITAT Delhi held that interest levied u/s 220(2) on non-payment of FBT demand, adjusted against a refund due, was not justified as no intimation or notice of demand was served on the assessee regarding the FBT liability u/s 115WE. The assessee had deposited the FBT demand suo motu, but it was still recovered from the refund along with interest. The tribunal found that the mere appearance of the demand on the e-filing portal did not absolve the Revenue from properly serving the intimation and demand notice. The Revenue failed to provide evidence of serving the notice. While the assessee had paid the FBT liability, it did not create an interest liability u/s 220(2). The appeal of the assessee was allowed.
The ITAT Delhi held that interest levied u/s 220(2) on non-payment of FBT demand, adjusted against a refund due, was not justified as no intimation or notice of demand was served on the assessee regarding the FBT liability u/s 115WE. The assessee had deposited the FBT demand suo motu, but it was still recovered from the refund along with interest. The tribunal found that the mere appearance of the demand on the e-filing portal did not absolve the Revenue from properly serving the intimation and demand notice. The Revenue failed to provide evidence of serving the notice. While the assessee had paid the FBT liability, it did not create an interest liability u/s 220(2). The appeal of the assessee was allowed.
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