Expenses for overseas film shooting treated as services availed outside India, so no reverse charge service tax liability; cenvat reversals and penalt...
Electricity consumptionbased clandestine production estimates under the repealed Central Excise Act found insufficient; demand quashed and appeals all...
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The primary issue was whether filing an incorrect return form (ITR-7 instead of ITR-5) automatically disentitles an assessee to lawful business expenditure; the tribunal held procedural defect cannot defeat substantive rights, reasoning that taxable liability is confined to lawful tax and disclosed, explained expenditures cannot be disallowed solely for form error, and mandatory registration under sections 11/12 was inapplicable here - consequence: impugned order set aside, appeal allowed; the assessee directed to file financials per ITR-5 and the AO ordered to re-open and complete assessment de novo after hearing. - ITAT
The primary issue was whether filing an incorrect return form (ITR-7 instead of ITR-5) automatically disentitles an assessee to lawful business expenditure; the tribunal held procedural defect cannot defeat substantive rights, reasoning that taxable liability is confined to lawful tax and disclosed, explained expenditures cannot be disallowed solely for form error, and mandatory registration under sections 11/12 was inapplicable here - consequence: impugned order set aside, appeal allowed; the assessee directed to file financials per ITR-5 and the AO ordered to re-open and complete assessment de novo after hearing. - ITAT
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