Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
FOB is Incoterm reflecting exporter's transaction value; declared shipping bill value not automatically confiscable under s.113(i), s.125, ss.114(i) a...
ITAT upheld the assessee's accounting treatment, disallowing the tax authorities' rejection of lease equalization charges and related depreciation adjustments. The Tribunal found the assessee had consistently followed the ICAI Guidelines on accounting for leases, separately disclosing lease rentals and matching lease annual charges in the profit and loss account; where annual lease charges fell below minimum statutory depreciation the excess was claimed as expenditure, to be reversed or credited when annual charges exceed statutory depreciation. As a regularly followed, declared accounting policy producing revenue neutrality across assessment years, the treatment is acceptable for tax purposes. Accordingly, the contested grounds were allowed and the disallowances set aside.
ITAT upheld the assessee's accounting treatment, disallowing the tax authorities' rejection of lease equalization charges and related depreciation adjustments. The Tribunal found the assessee had consistently followed the ICAI Guidelines on accounting for leases, separately disclosing lease rentals and matching lease annual charges in the profit and loss account; where annual lease charges fell below minimum statutory depreciation the excess was claimed as expenditure, to be reversed or credited when annual charges exceed statutory depreciation. As a regularly followed, declared accounting policy producing revenue neutrality across assessment years, the treatment is acceptable for tax purposes. Accordingly, the contested grounds were allowed and the disallowances set aside.
Note: It is a system-generated summary and is for quick reference only.