Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
ITAT allowed the appeal of the assessee, deleting the addition made on account of alleged under-reporting of duty drawback. ITAT held that the assessee's consistent and bona fide accounting policy of recognizing duty drawback income on receipt (cash) basis, in line with prudence and prevailing trade practice, is acceptable and does not distort true income. It noted that the assessee had substantiated the actual duty drawback received during the relevant year through ledgers and sample shipping bills and that there was no revenue leakage, as the timing difference arose solely from the method of accounting. Applying the principles of consistency and recognizing that the right to receive becomes taxable on receipt basis in such circumstances, ITAT concluded that the method followed was fair and valid. Consequently, the addition made by the lower authorities was set aside and the assessee's appeal was allowed in full.
ITAT allowed the appeal of the assessee, deleting the addition made on account of alleged under-reporting of duty drawback. ITAT held that the assessee's consistent and bona fide accounting policy of recognizing duty drawback income on receipt (cash) basis, in line with prudence and prevailing trade practice, is acceptable and does not distort true income. It noted that the assessee had substantiated the actual duty drawback received during the relevant year through ledgers and sample shipping bills and that there was no revenue leakage, as the timing difference arose solely from the method of accounting. Applying the principles of consistency and recognizing that the right to receive becomes taxable on receipt basis in such circumstances, ITAT concluded that the method followed was fair and valid. Consequently, the addition made by the lower authorities was set aside and the assessee's appeal was allowed in full.
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