Limitation on re-determination: reassessment allowed only where original notice met non-fraud limitation, recalculating tax, interest, penalty. When an appellate body directs that a fraud-based notice be treated as a non-fraud notice for reassessment, the proper officer must re-determine tax, interest and penalty following the procedural rules and limitation period applicable to non-fraud proceedings; reassessment is limited to amounts for which a show-cause notice was issued within the non-fraud limitation window, and proceedings must be dropped where the original notice was time-barred.
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.
Limitation on re-determination: reassessment allowed only where original notice met non-fraud limitation, recalculating tax, interest, penalty.
When an appellate body directs that a fraud-based notice be treated as a non-fraud notice for reassessment, the proper officer must re-determine tax, interest and penalty following the procedural rules and limitation period applicable to non-fraud proceedings; reassessment is limited to amounts for which a show-cause notice was issued within the non-fraud limitation window, and proceedings must be dropped where the original notice was time-barred.
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