Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The Tribunal addressed double disallowance of a subsidiary investment write-off by noting that the amount had already been added back in the return, so the Assessing Officer had duplicated the disallowance; the duplicate addition was to be deleted and the allowed deduction then given effect. It also accepted that fresh claims may be entertained on appeal and excluded broken period interest on debentures because the income had only accrued notionally and was already absorbed in the later capital gains on sale, avoiding double taxation. A dividend treaty-rate claim for non-resident shareholders was remanded for lack of foundational treaty-eligibility and tax-treatment material, and the challenge to initiation of penalty proceedings was dismissed as premature.
The Tribunal addressed double disallowance of a subsidiary investment write-off by noting that the amount had already been added back in the return, so the Assessing Officer had duplicated the disallowance; the duplicate addition was to be deleted and the allowed deduction then given effect. It also accepted that fresh claims may be entertained on appeal and excluded broken period interest on debentures because the income had only accrued notionally and was already absorbed in the later capital gains on sale, avoiding double taxation. A dividend treaty-rate claim for non-resident shareholders was remanded for lack of foundational treaty-eligibility and tax-treatment material, and the challenge to initiation of penalty proceedings was dismissed as premature.
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