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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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The ITAT Delhi held that the merger of intimation/proceedings u/s 143(1) with regular assessment u/s 143(3) results in the intimation losing relevance once regular assessment is completed. The AO denied exemption u/s 11 due to non-filing of Form 10B, but the intimation u/s 143(1) only serves to verify information accuracy and does not carry the legitimacy of an assessment. The intimation merges with the regular assessment under u/s 143(3), making the appeal against the intimation infructuous. The eligibility for exemption u/s 11 post registration u/s 12A should be raised in the appeal against the regular assessment. The appeal was partly allowed in favor of the assessee, determining the demand raised in the 143(1) intimation as not sustainable.
The ITAT Delhi held that the merger of intimation/proceedings u/s 143(1) with regular assessment u/s 143(3) results in the intimation losing relevance once regular assessment is completed. The AO denied exemption u/s 11 due to non-filing of Form 10B, but the intimation u/s 143(1) only serves to verify information accuracy and does not carry the legitimacy of an assessment. The intimation merges with the regular assessment under u/s 143(3), making the appeal against the intimation infructuous. The eligibility for exemption u/s 11 post registration u/s 12A should be raised in the appeal against the regular assessment. The appeal was partly allowed in favor of the assessee, determining the demand raised in the 143(1) intimation as not sustainable.
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