Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Board circulars are binding on the Department; beneficial clarifications apply retrospectively while adverse clarifications operate prospectively, so clearances made under CBEC Circular No.924/2010 cannot be subjected to retrospective duty for the pre-15.05.2014 period and that demand is unsustainable. Extended limitation for post-15.05.2014 recovery requires fraud, suppression or wilful misstatement, which the Department failed to establish, rendering the post-15.05.2014 demand time barred. Consequential penalties under penalty provisions are set aside where the duty demand fails and no deliberate contumacious conduct is shown. Recovery under the statute for amounts collected is remanded only for limited verification and appropriation of any shortfall.
Board circulars are binding on the Department; beneficial clarifications apply retrospectively while adverse clarifications operate prospectively, so clearances made under CBEC Circular No.924/2010 cannot be subjected to retrospective duty for the pre-15.05.2014 period and that demand is unsustainable. Extended limitation for post-15.05.2014 recovery requires fraud, suppression or wilful misstatement, which the Department failed to establish, rendering the post-15.05.2014 demand time barred. Consequential penalties under penalty provisions are set aside where the duty demand fails and no deliberate contumacious conduct is shown. Recovery under the statute for amounts collected is remanded only for limited verification and appropriation of any shortfall.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
