Advance tax exclusion from seized-assets adjustment is prospective, so pre-amendment cases should not be appealed. An amendment excluded advance tax from liabilities against which seized or requisitioned assets may be adjusted; courts have held that exclusion to be prospective, and the Department accepts that seized cash cannot be applied to advance tax for periods before the amendment, so appeals in pre-amendment cases should not be pursued and existing appeals withdrawn.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Advance tax exclusion from seized-assets adjustment is prospective, so pre-amendment cases should not be appealed.
An amendment excluded advance tax from liabilities against which seized or requisitioned assets may be adjusted; courts have held that exclusion to be prospective, and the Department accepts that seized cash cannot be applied to advance tax for periods before the amendment, so appeals in pre-amendment cases should not be pursued and existing appeals withdrawn.
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