Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
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