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...
Whether exemption could be allowed where the taxpayer mistakenly claimed deduction under an inapplicable provision and the CPC denied it in intimation u/s 143(1) was the dominant issue. Since the taxpayer already held approval u/s 10(23C)(iv) for the relevant period, the wrong claim u/s 10(46) was treated as an inadvertent error not defeating a legitimate statutory exemption; reliance was placed on precedent that bona fide omission/mistake in claiming exemption should not bar revision/correction when entitlement exists in law. Accordingly, the appellate authority's grant of exemption u/s 10(23C)(iv) was upheld and the revenue's appeal was dismissed. - ITAT
Whether exemption could be allowed where the taxpayer mistakenly claimed deduction under an inapplicable provision and the CPC denied it in intimation u/s 143(1) was the dominant issue. Since the taxpayer already held approval u/s 10(23C)(iv) for the relevant period, the wrong claim u/s 10(46) was treated as an inadvertent error not defeating a legitimate statutory exemption; reliance was placed on precedent that bona fide omission/mistake in claiming exemption should not bar revision/correction when entitlement exists in law. Accordingly, the appellate authority's grant of exemption u/s 10(23C)(iv) was upheld and the revenue's appeal was dismissed. - ITAT
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