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...
Section 115JB applied to the assessee because the statute does not require a company to be dividend-paying before book profit taxation can be invoked, and the Tribunal applied strict interpretation to reject exclusion on assumption or presumption. It also distinguished precedents cited for earlier assessment years and held that the amended provision effective from 01.04.2012 governed the matter, so the lower appellate view on MAT computation was affirmed. On MAT credit, the year being an abated assessment under section 153A left the assessment open to fresh computation on regular and incriminating material, so the assessee's claim was maintainable in principle and consequential relief was directed to be recomputed.
Section 115JB applied to the assessee because the statute does not require a company to be dividend-paying before book profit taxation can be invoked, and the Tribunal applied strict interpretation to reject exclusion on assumption or presumption. It also distinguished precedents cited for earlier assessment years and held that the amended provision effective from 01.04.2012 governed the matter, so the lower appellate view on MAT computation was affirmed. On MAT credit, the year being an abated assessment under section 153A left the assessment open to fresh computation on regular and incriminating material, so the assessee's claim was maintainable in principle and consequential relief was directed to be recomputed.
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