{"id":4717,"date":"2019-04-04T12:08:21","date_gmt":"2019-04-04T12:08:21","guid":{"rendered":"http:\/\/itatonline.org\/digest\/village-antique-ethinic-v-ito-2018-171-dtr-408-2019-306-ctr-0073-raj-hc\/"},"modified":"2019-04-04T12:08:21","modified_gmt":"2019-04-04T12:08:21","slug":"village-antique-ethinic-v-ito-2018-171-dtr-408-2019-306-ctr-0073-raj-hc","status":"publish","type":"post","link":"https:\/\/itatonline.org\/digest\/village-antique-ethinic-v-ito-2018-171-dtr-408-2019-306-ctr-0073-raj-hc\/","title":{"rendered":"Village Antique &#038; Ethinic v. ITO (2018) 171 DTR 408  \/ (2019) 306 CTR 0073 (Raj.)(HC)"},"content":{"rendered":"<p>Court held that <em>questionnaire\u00a0issued to\u00a0assessee during assessment proceedings and\u00a0assessment order passed on that basis made\u00a0it clear that no information with regard to DEPB or Duty Draw Back was furnished by\u00a0assessee. There was indeed no\u00a0adjudication on that aspect of matter and, therefore, concurrent view taken by lower authorities could\u00a0not be faulted with. Assessee failed to show from\u00a0record whether\u00a0AO had indeed considered\u00a0issue of allowability of deduction\u00a0u\/s\u00a010BA in respect of Duty Draw Back. Had this issued been actually considered, some query would certainly have been raised on this aspect and reply thereto, if any, would also\u00a0was\u00a0submitted by\u00a0assessee, Obviously,\u00a0AO did not apply\u00a0his mind to this aspect of the matter. Since\u00a0assessee\u00a0failed to point out that\u00a0AO\u00a0formed any opinion on this issue, it could\u00a0not be held that initiation of re-assessment proceedings\u00a0u\/s\u00a0148 was based\u00a0on mere change of opinion. It was\u00a0only when\u00a0AO later realized that\u00a0deduction\u00a0u\/s\u00a010BA was not allowable in respect to Duty Draw Back and that exemption was allowed on account of this mistake, he initiated re-assessment proceedings by recourse to\u00a0s.\u00a0148. Duty Draw\u00a0Back and other such incentives were not profits derived from eligible business and accordingly exemption\u00a0u\/s\u00a010BA\u00a0could\u00a0not be allowed in respect of Duty Draw Back and other export incentives. Matter was\u00a0remanded back to\u00a0AO to decide\u00a0same afresh in accordance with law, however, leaving it open for both parties to raise all\u00a0contentions before\u00a0AO. Matter remanded. (AY. 2008 -09)<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>S. 147 : Reassessment-Duty Draw Back and other such incentives were not profits derived from eligible business and accordingly exemption u\/s.10BA could not be allowed in respect of Duty Draw Back and other export incentives\u2014Matter was remanded back to AO to decide same afresh in accordance with law, however, leaving it open for both parties to raise all contentions before AO\u2014Matter remanded. [S. 10BA, 148]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4717","post","type-post","status-publish","format-standard","hentry","category-digest"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-1e5","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4717","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=4717"}],"version-history":[{"count":0,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4717\/revisions"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=4717"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=4717"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=4717"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}