Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
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ITAT allowed the assessee's appeal, holding that CPC's mechanical denial of concessional rate under s.115BAB by making adjustments u/s 143(1) without affording an opportunity of hearing violated principles of natural justice. The Tribunal found CPC erred in applying the normal 30% rate in place of the concessional 22% where the assessee's eligibility - linked to commencement date and nature of manufacturing - could not be determined absent a hearing, particularly when the same claim was accepted in the preceding year. The ITAT set aside the CPC adjustment and the CIT(A) order upholding it, and directed that the matter be reconsidered consistent with law after giving the assessee an opportunity to be heard.
ITAT allowed the assessee's appeal, holding that CPC's mechanical denial of concessional rate under s.115BAB by making adjustments u/s 143(1) without affording an opportunity of hearing violated principles of natural justice. The Tribunal found CPC erred in applying the normal 30% rate in place of the concessional 22% where the assessee's eligibility - linked to commencement date and nature of manufacturing - could not be determined absent a hearing, particularly when the same claim was accepted in the preceding year. The ITAT set aside the CPC adjustment and the CIT(A) order upholding it, and directed that the matter be reconsidered consistent with law after giving the assessee an opportunity to be heard.
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