Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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Cancellation of registration under section 12A was challenged on grounds that the assessing officer treated non maintenance of books for business incidental to objects (clause (b) of the Explanation to section 12AB(4)) as the ground without issuing a show cause notice or hearing. The tribunal found clause (b) distinct from clause (e) (activity not genuine) and held absence of opportunity prejudicial; it admitted additional evidence sought by the assessee and set aside the cancellation order for de novo adjudication by the CIT(E) after considering the newly filed evidence. Appeal partly allowed and remand ordered.
Cancellation of registration under section 12A was challenged on grounds that the assessing officer treated non maintenance of books for business incidental to objects (clause (b) of the Explanation to section 12AB(4)) as the ground without issuing a show cause notice or hearing. The tribunal found clause (b) distinct from clause (e) (activity not genuine) and held absence of opportunity prejudicial; it admitted additional evidence sought by the assessee and set aside the cancellation order for de novo adjudication by the CIT(E) after considering the newly filed evidence. Appeal partly allowed and remand ordered.
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