The Tribunal considered whether provisional customs duty payments qualify for deduction. It ruled that Section 43B permits deduction on payment basis regardless of later refunds.
The Court examined whether denial of R&D approval for earlier years was justified despite later recognition. It directed authorities to reconsider applications afresh, stressing that prior years cannot be ignored without proper reasoning.
The Court held that self-assessment tax paid due to failure of an initial IDS declaration must be treated as payment under the revived Scheme, preventing double taxation of the same income.
The judgment clarified that merely assisting a foreign entity does not amount to arranging supplies between third parties. Without such facilitation, intermediary provisions and related tax demands cannot be sustained.
Services rendered without consideration were taxed as deemed supplies but denied export benefits. The Court flagged the statutory conflict and directed CBIC to clarify.
The Court examined whether tax authorities could recover the full disputed tax despite pending appellate remedies. It held that recovery beyond the statutory pre-deposit limits under GST law was impermissible.
The Court held that recovery could be stayed and bank attachment lifted if 20% of the disputed amount is deposited, directing the appellate authority to decide the pending appeal on merits.
The Court remanded multiple GST assessment orders where the taxpayer failed to reply to show cause notices, subject to a 50% pre-deposit. A separate penalty order for delayed returns was upheld.
The Tribunal held that declaring viscose fabric while importing polyester amounted to mis-declaration, justifying rejection of transaction value, confiscation, and penalty equal to duty evaded.
The Tribunal held that a manufacturing company failing the 75% trading turnover filter applied by the TPO cannot be retained as a comparable. Dilution of the filter by the DRP only to accommodate one entity was found impermissible, leading to deletion of the comparable.
