Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
In computing deduction under Section 10A, expenses excluded from export turnover must also be excluded from total turnover; otherwise the formula becomes unworkable and produces an absurd result. Applying the earlier Division Bench ruling and the Supreme Court decision in HCL Technologies, the HC answered this question in favour of the assessee. On interest disallowance relating to advances to a subsidiary, the court noted that the factual issue whether the investment had a business nexus had not been examined by the lower authorities. It therefore remitted that issue to the Assessing Officer for fresh consideration after giving the assessee an opportunity to produce material.
In computing deduction under Section 10A, expenses excluded from export turnover must also be excluded from total turnover; otherwise the formula becomes unworkable and produces an absurd result. Applying the earlier Division Bench ruling and the Supreme Court decision in HCL Technologies, the HC answered this question in favour of the assessee. On interest disallowance relating to advances to a subsidiary, the court noted that the factual issue whether the investment had a business nexus had not been examined by the lower authorities. It therefore remitted that issue to the Assessing Officer for fresh consideration after giving the assessee an opportunity to produce material.
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