Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
Annuloplasty band classification as implanted therapeutic appliance, not anatomical replacement, resulting in classification under tariff heading for ...
Dominant issue: whether "other expenses" debited to P&L but subsequently capitalized as project cost could be disallowed. Reasoning: AO failed to verify documentary evidence and ignored audited financial statements; CIT(A)'s reliance on P&L debit was without proper appreciation. Outcome: matter remanded to assessing officer for limited verification and enquiry, not sustained as disallowance. Secondary issue: whether section 41(1) applies for cessation of liability where creditor wrote off the debt. Reasoning: liability continued in assessee's books with no unilateral remission or bilateral settlement; creditor's write-off alone does not extinguish liability and natural justice was violated by relying solely on creditor's assessment. Outcome: s.41(1) disallowance held not attracted; decision for assessee. - ITAT
Dominant issue: whether "other expenses" debited to P&L but subsequently capitalized as project cost could be disallowed. Reasoning: AO failed to verify documentary evidence and ignored audited financial statements; CIT(A)'s reliance on P&L debit was without proper appreciation. Outcome: matter remanded to assessing officer for limited verification and enquiry, not sustained as disallowance. Secondary issue: whether section 41(1) applies for cessation of liability where creditor wrote off the debt. Reasoning: liability continued in assessee's books with no unilateral remission or bilateral settlement; creditor's write-off alone does not extinguish liability and natural justice was violated by relying solely on creditor's assessment. Outcome: s.41(1) disallowance held not attracted; decision for assessee. - ITAT
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