Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Denial of exemption under section 54F was considered on whether an appellate authority may entertain a deduction not claimed in the original return. Tribunal applied the principle that Goetze restricts assessing officer powers but does not bar appellate authorities from adjudicating legal claims; accordingly the tribunal allowed the appeal for statistical purposes and restored the matter to the assessing officer for de novo verification of statutory conditions (nature and character of assets, timing and quantum of investment, compliance) and directed a speaking order after hearing the assessee.
Denial of exemption under section 54F was considered on whether an appellate authority may entertain a deduction not claimed in the original return. Tribunal applied the principle that Goetze restricts assessing officer powers but does not bar appellate authorities from adjudicating legal claims; accordingly the tribunal allowed the appeal for statistical purposes and restored the matter to the assessing officer for de novo verification of statutory conditions (nature and character of assets, timing and quantum of investment, compliance) and directed a speaking order after hearing the assessee.
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