Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
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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