Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
A statement recorded under section 108 could not sustain penalty because the mandatory procedure under section 138B was not followed, rendering the statement inadmissible for evidentiary reliance. Penalty under section 112(b) also failed because the statutory ingredients were not proved: there was no established dealing with goods liable to confiscation and no of knowledge or reason to believe that the goods were so liable. On these findings, the Tribunal set aside the penalty and allowed the appeal.
A statement recorded under section 108 could not sustain penalty because the mandatory procedure under section 138B was not followed, rendering the statement inadmissible for evidentiary reliance. Penalty under section 112(b) also failed because the statutory ingredients were not proved: there was no established dealing with goods liable to confiscation and no of knowledge or reason to believe that the goods were so liable. On these findings, the Tribunal set aside the penalty and allowed the appeal.
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