ITAT Mumbai upholds CIT(A) decision allowing depreciation on goodwill created during amalgamation. Revenue appeals dismissed for 2018-19 and 2020-21 assessments.
The High Court held that a six-month delay in filing a statutory revision under the Customs Act cannot be condoned. The Court found no justification for the delay and refused to exercise writ jurisdiction.
he Court held that the challenged letter was only a preliminary query, not a show cause notice. The petitioner must reply, after which authorities may close the matter or issue a formal notice with proper legal provisions.
The Court set aside the ex-parte GST order after finding the taxpayer had no proper chance to respond to the show cause notice. The matter was remanded for fresh adjudication while the validity of related notifications remains pending before the Supreme Court.
The Court held that seizure under section 129(3) was unsustainable where the goods were found to belong to the consignor. It ruled that no proceedings could continue against the transporter in the absence of adverse findings.
The ruling holds that exemption under Notification 134/94-Cus. cannot be combined with MOOWR benefits, as both schemes operate separately. Only re-export-based repair activities qualify for exemption.
CAAR held that lithium-ion cells used as replacements, scrapped during production, or found defective before use do not qualify as being used in manufacture. Such cells are treated as unutilized or defective and attract duty and interest under IGCR Rules.
The Court allowed forensic examination of an advocate’s seized CPU under strict safeguards after a GST search raised concerns about attorney-client privilege. It directed limited access, mandated presence of IT experts, and prohibited coercive action pending further review.
The Court held that a reassessment notice generated on time but uploaded the next day is time-barred. Proceedings were set aside because despatch, not generation, determines the date of issuance.
The Court allowed a petitioner to file an appeal on classification of exported goods and sought clarification on which authority can issue SCNs under Customs and GST laws.
