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...
Official certificates and revenue records admitted by the first appellate authority were treated as properly relied upon because they went to the root of the dispute and no specific prejudice to the Revenue was shown. On the merits, the land was accepted as rural agricultural land on the basis of urban development authority certificates, revenue records and census data showing it lay beyond the prescribed municipal distance. As the Assessing Officer produced no independent verification or conclusive contrary evidence, the lands were held to fall outside section 2(14) and outside section 194-IA, so the assessee could not be treated as an assessee in default under section 201(1) and interest under section 201(1A) was not sustainable.
Official certificates and revenue records admitted by the first appellate authority were treated as properly relied upon because they went to the root of the dispute and no specific prejudice to the Revenue was shown. On the merits, the land was accepted as rural agricultural land on the basis of urban development authority certificates, revenue records and census data showing it lay beyond the prescribed municipal distance. As the Assessing Officer produced no independent verification or conclusive contrary evidence, the lands were held to fall outside section 2(14) and outside section 194-IA, so the assessee could not be treated as an assessee in default under section 201(1) and interest under section 201(1A) was not sustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
