Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Disallowance under s.14A r/w r.8D was examined where the taxpayer had made a suo motu disallowance against exempt income. Since r.8D is not automatic, the AO could invoke it only after examining the taxpayer's accounts and recording satisfaction under s.14A(2) that the taxpayer's claim was incorrect; a mere remark that the disallowance was "very low" did not meet this statutory requirement. Applying this mandatory satisfaction test, as reiterated in Maxopp, the r.8D-based incremental disallowance was held bad in law and deleted, restricting disallowance to the taxpayer's suo motu amount; the appeal was allowed. - ITAT
Disallowance under s.14A r/w r.8D was examined where the taxpayer had made a suo motu disallowance against exempt income. Since r.8D is not automatic, the AO could invoke it only after examining the taxpayer's accounts and recording satisfaction under s.14A(2) that the taxpayer's claim was incorrect; a mere remark that the disallowance was "very low" did not meet this statutory requirement. Applying this mandatory satisfaction test, as reiterated in Maxopp, the r.8D-based incremental disallowance was held bad in law and deleted, restricting disallowance to the taxpayer's suo motu amount; the appeal was allowed. - ITAT
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