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...
Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
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