The High Court upheld deletion of addition where the Assessing Officer relied on undisclosed information. The ruling reinforces that additions cannot be sustained without confronting the assessee with material evidence.
SC dismissed SLP due to huge delay with costs. HC had quashed reassessment since it was issued despite stay on further proceedings.
The Court set aside an assessment passed despite an existing stay order, holding that proceedings undertaken in violation of judicial restraint cannot stand.
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.
