The ITAT ruled that ad-hoc estimation of sundry creditors as ceased liabilities is not permissible when purchases and trading results are accepted. Section 41(1) can be invoked only on proven remission or cessation, not assumptions.
Applying the General Rules of Interpretation, the Authority preferred the precise heat exchanger entry over the general vehicle parts heading. The decision reinforces the primacy of specific tariff descriptions.
The Authority examined whether a ceramic resonator used in appliance control boards could be treated as a machine part. It held that specific coverage under Heading 8541 prevails, classifying the product as a mounted piezoelectric crystal.
The authorities compared intra-group commission rates without economic analysis. The Tribunal ruled that such an approach leads to invalid transfer pricing adjustments.
The adjudicating authority held that failure to maintain the statutory register of members is a clear violation of Section 88. Such non-compliance attracts monetary penalties on both the company and its directors.
Authorities held that non-holding of Board meetings since incorporation is a serious governance lapse. Directors were personally penalised for violating mandatory meeting requirements under company law.
Failure to file AOC-4 for multiple years led to penalties under Section 137(3). The order reiterates that statutory timelines are mandatory and enforceable through adjudication.
Authorities held that failure to explain adverse audit remarks in the Directors’ Report violates statutory disclosure duties and attracts mandatory penalties.
The Tribunal ruled that Section 69A applies only when the assessee is found to be the owner of money or assets. Mere suspicion or digital communication cannot replace proof of possession or ownership.
This case explains situations where ITC is availed and utilised without receipt of goods or services. The ruling clarifies that such ITC is recoverable with interest and penalty under Section 74.
