Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The ITAT upheld the ld.CIT(A)'s decision to treat the excess stock found during the survey as business income, dismissing the revenue's appeal. The AO failed to produce cogent evidence of income from sources other than the jewellery business. The tribunal accepted the assessee's explanation regarding the separate ledger for old gold purchases, increasing the book stock and reducing the excess stock to 11,390.212 grams. The addition was restricted accordingly. Regarding valuation, the tribunal rejected the AO and ld.CIT(A)'s higher rate of Rs. 2,800 per gram and the assessee's lower rate of Rs. 2,296 per gram, adopting Rs. 2,409 per gram as agreed by the assessee in correspondence, to compute income from excess stock. This approach balanced the competing valuations and concluded the matter.
The ITAT upheld the ld.CIT(A)'s decision to treat the excess stock found during the survey as business income, dismissing the revenue's appeal. The AO failed to produce cogent evidence of income from sources other than the jewellery business. The tribunal accepted the assessee's explanation regarding the separate ledger for old gold purchases, increasing the book stock and reducing the excess stock to 11,390.212 grams. The addition was restricted accordingly. Regarding valuation, the tribunal rejected the AO and ld.CIT(A)'s higher rate of Rs. 2,800 per gram and the assessee's lower rate of Rs. 2,296 per gram, adopting Rs. 2,409 per gram as agreed by the assessee in correspondence, to compute income from excess stock. This approach balanced the competing valuations and concluded the matter.
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