Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 762 - HC - Income TaxDetermination of character of amount – claim of deduction on refund of customs duty - Whether determination as to the character of the amount could have been done at the stage of prima facie adjustment or not - Held that:- Wherever there exists a debatable issue, recourse must be had to Section 143 (2) and (3) of the Act and it is only when the facts are undisputed that the procedure u/s 143 (1) (a) of the Act can be resorted to – assessee claimed deduction of substantial amount which was in the form of refund of customs duty - a return could have been the subject matter of a prima facie adjustment u/s 143(1)(a), if only the AO accepted the version or the contention of the assessee – once he has decided not to accept that contention, there was no occasion or basis for him to invoke Section 143(1)(a) – thus, the view taken by the Tribunal is correct – Decided against revenue.
|