Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Issue was whether CPC could, in an intimation under s.143(1)(a)(ii), treat a belated return as an "incorrect claim" and deny deduction under s.80P for the relevant AY. Although coordinate benches had held that belated filing is not covered by the Explanation to "incorrect claim" and noted that a specific adjustment for such disallowance was introduced only by s.143(1)(a)(v) w.e.f. 01.04.2021, the Tribunal followed the binding precedent of the jurisdictional HC, which had upheld denial of s.80P in s.143(1)(a)(ii) where the return was not filed within s.139(1) due date; hence the intimation was sustained and the appeal was dismissed. - ITAT
Issue was whether CPC could, in an intimation under s.143(1)(a)(ii), treat a belated return as an "incorrect claim" and deny deduction under s.80P for the relevant AY. Although coordinate benches had held that belated filing is not covered by the Explanation to "incorrect claim" and noted that a specific adjustment for such disallowance was introduced only by s.143(1)(a)(v) w.e.f. 01.04.2021, the Tribunal followed the binding precedent of the jurisdictional HC, which had upheld denial of s.80P in s.143(1)(a)(ii) where the return was not filed within s.139(1) due date; hence the intimation was sustained and the appeal was dismissed. - ITAT
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