Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
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The Income Tax Appellate Tribunal (ITAT) held that denial of tax relief u/s 90/90A solely due to procedural delay in filing Form-67 is unjustified. Filing of Form-67 is a procedural formality and cannot be the basis for denying relief to the assessee. The Commissioner of Income Tax (Appeals) [CIT(A)] erred by merely stating disagreement with a binding superior court judgment without assigning any reasons, which is legally unjustifiable. An inferior court differing from a superior court's judgment must discuss and provide reasons for the divergence. The Assessing Officer should not have denied relief u/s 90 merely for the delay in filing Form-67. The assessee's appeal was allowed.
The Income Tax Appellate Tribunal (ITAT) held that denial of tax relief u/s 90/90A solely due to procedural delay in filing Form-67 is unjustified. Filing of Form-67 is a procedural formality and cannot be the basis for denying relief to the assessee. The Commissioner of Income Tax (Appeals) [CIT(A)] erred by merely stating disagreement with a binding superior court judgment without assigning any reasons, which is legally unjustifiable. An inferior court differing from a superior court's judgment must discuss and provide reasons for the divergence. The Assessing Officer should not have denied relief u/s 90 merely for the delay in filing Form-67. The assessee's appeal was allowed.
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