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...
Allowability under section 43B was examined in relation to claimed royalty payments shown as book entries; the Tribunal held that the question turns on whether sums were actually paid and found that the appellate authorities did not verify records proving prior estimated royalty deposits and subsequent adjustments. The Tribunal directed remand to the assessing officer to examine state assessment orders, bank/payment records and related documentary evidence, afford the assessee an opportunity of hearing, and pass a fresh decision after factual verification; appeal allowed for statistical purposes.
Allowability under section 43B was examined in relation to claimed royalty payments shown as book entries; the Tribunal held that the question turns on whether sums were actually paid and found that the appellate authorities did not verify records proving prior estimated royalty deposits and subsequent adjustments. The Tribunal directed remand to the assessing officer to examine state assessment orders, bank/payment records and related documentary evidence, afford the assessee an opportunity of hearing, and pass a fresh decision after factual verification; appeal allowed for statistical purposes.
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