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...
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
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