Assessment revision guidance advises continuing existing instruction, pausing appeals and proceedings pending higher court and legal opinion. Department should not itself revise completed assessments made under the Madras High Court decision but leave revision to assessees; appeals should, where possible, be kept pending until higher court determination; continue to apply Instruction No. 885 to pending assessments until the Supreme Court judgment or any Attorney General opinion requires change; where reopening was initiated before Instruction No. 885 keep proceedings in abeyance, but if limitation or other good cause prevents delay, complete assessment per the Madras High Court decision while suspending recovery of any excess demand.
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.
Assessment revision guidance advises continuing existing instruction, pausing appeals and proceedings pending higher court and legal opinion.
Department should not itself revise completed assessments made under the Madras High Court decision but leave revision to assessees; appeals should, where possible, be kept pending until higher court determination; continue to apply Instruction No. 885 to pending assessments until the Supreme Court judgment or any Attorney General opinion requires change; where reopening was initiated before Instruction No. 885 keep proceedings in abeyance, but if limitation or other good cause prevents delay, complete assessment per the Madras High Court decision while suspending recovery of any excess demand.
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