Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
The ITAT set aside the assessment and remanded the matter to the AO for de novo verification and adjudication. The AO is directed to verify the assessee's earlier returns and records and, if substantiated and legally allowable, permit carry-forward and set-off of unabsorbed business losses within the eight-year period under s.72(3); to verify and, if permissible, allow adjustment of unabsorbed depreciation against profits under s.32(2); and to examine the s.43B disallowance claim, noting the assessee's contention that the amount was already added back in the return, and grant consequential relief if established. The AO shall afford the assessee a proper opportunity of hearing before completing reassessment.
The ITAT set aside the assessment and remanded the matter to the AO for de novo verification and adjudication. The AO is directed to verify the assessee's earlier returns and records and, if substantiated and legally allowable, permit carry-forward and set-off of unabsorbed business losses within the eight-year period under s.72(3); to verify and, if permissible, allow adjustment of unabsorbed depreciation against profits under s.32(2); and to examine the s.43B disallowance claim, noting the assessee's contention that the amount was already added back in the return, and grant consequential relief if established. The AO shall afford the assessee a proper opportunity of hearing before completing reassessment.
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