Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The NCLAT held that a direction requiring the liquidator to submit a simpliciter income and expenditure account was only an enabling, interlocutory step and did not decide the refund claim on merits. Refund of TDS deducted on fixed-deposit interest, and the legality of such deduction in liquidation, fall within the domain of the Income Tax Authorities, because the I&B Code contains no provision empowering the Adjudicating Authority to order such refund. The appeal was therefore premature and not maintainable at this stage. Questions based on Section 140 of the Income Tax Act and any claimed exemption were left open for decision by the competent tax authority.
The NCLAT held that a direction requiring the liquidator to submit a simpliciter income and expenditure account was only an enabling, interlocutory step and did not decide the refund claim on merits. Refund of TDS deducted on fixed-deposit interest, and the legality of such deduction in liquidation, fall within the domain of the Income Tax Authorities, because the I&B Code contains no provision empowering the Adjudicating Authority to order such refund. The appeal was therefore premature and not maintainable at this stage. Questions based on Section 140 of the Income Tax Act and any claimed exemption were left open for decision by the competent tax authority.
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