International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Issue: denial of startup tax exemption due to delayed uploading of Form 10CCB and discrepancies in tax audit. Principle applied: where substantial justice and technical compliance conflict, substantial justice prevails; non deliberate, accidental delay in filing procedural form that caused no loss to Revenue cannot defeat an otherwise available statutory benefit. Operative effect: the technical refusal of exemption was set aside and the CIT(A)'s confirmation of disallowance was overturned, restoring the start up's entitlement to the tax exemption despite procedural lapse.
Issue: denial of startup tax exemption due to delayed uploading of Form 10CCB and discrepancies in tax audit. Principle applied: where substantial justice and technical compliance conflict, substantial justice prevails; non deliberate, accidental delay in filing procedural form that caused no loss to Revenue cannot defeat an otherwise available statutory benefit. Operative effect: the technical refusal of exemption was set aside and the CIT(A)'s confirmation of disallowance was overturned, restoring the start up's entitlement to the tax exemption despite procedural lapse.
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