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In the alternate, assessee has also raised a ground that Assessing Officer ought to have allowed the expenditure incurred in cultivation of white button mushrooms and also the depreciation from the gross sales.
ITAT Mumbai held that services rendered by the appellant is taxable in Japan in accordance to Article 12 of the India-Japan DTAA hence Foreign Tax Credit ought to have been granted to Appellant for taxes withheld in Japan.
Madras High Court directed depositing of 25% to be deposited via electronic cash register since petitioner failed to participate in the adjudication proceedings. Thus, matter remanded back for fresh order on merits.
ITAT Ahmedabad held that dismissal of appeal due to non-prosecution without adjudicating the issue on merits deprives the assessee of fair opportunity of being heard hence violating the principles of natural justice.
