Excess demand beyond show cause notice: orders confirming higher tax than specified breach s.75(7) and invite reassessment.
The core operative point is that Section 75(7) prohibits confirming a tax, interest or penalty demand in an adjudication order that exceeds the amount or relies on grounds not specified in the preceding show cause notice, and orders confirming excess demands should be revisited through appellate remedies and reassessment after providing opportunity of hearing. (AI Summary)
The core operative point is that Section 75(7) prohibits confirming a tax, interest or penalty demand in an adjudication order that exceeds the amount or relies on grounds not specified in the preceding show cause notice, and orders confirming excess demands should be revisited through appellate remedies and reassessment after providing opportunity of hearing. (AI Summary)
TaxTMI