Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
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Adjustment u/s 143(1) denying the alternate claim of exemption u/s 11 solely for non-filing of audit report in Form 10B was held impermissible, since the defect was curable and the claim involved a debatable issue that could not be adjusted at the processing stage, particularly without providing an opportunity u/s 139(9). The processing also could not disallow the entire expenses, as only income embedded in gross receipts is taxable and eligible revenue expenditure (including depreciation), incurred exclusively to earn such income, must be allowed in computing income under ss. 56-57. The impugned order was set aside and the matter remanded for fresh decision after due opportunity. - ITAT
Adjustment u/s 143(1) denying the alternate claim of exemption u/s 11 solely for non-filing of audit report in Form 10B was held impermissible, since the defect was curable and the claim involved a debatable issue that could not be adjusted at the processing stage, particularly without providing an opportunity u/s 139(9). The processing also could not disallow the entire expenses, as only income embedded in gross receipts is taxable and eligible revenue expenditure (including depreciation), incurred exclusively to earn such income, must be allowed in computing income under ss. 56-57. The impugned order was set aside and the matter remanded for fresh decision after due opportunity. - ITAT
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