Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
The High Court held the writ petition maintainable despite the statutory appeal remedy because the challenge fell within recognised exceptions for breach of natural justice and statutory limits. It quashed the show cause notice and adjudication order after finding that the final demand travelled beyond the notice and imposed tax, interest and penalty on grounds not specified therein, contrary to the statutory restriction. The Court also held that the adjudicating authority failed to consider the petitioner's specific exemption plea under the notification and exemption provision, making the order unsustainable. The matter was remanded for fresh adjudication on merits after hearing the petitioner.
The High Court held the writ petition maintainable despite the statutory appeal remedy because the challenge fell within recognised exceptions for breach of natural justice and statutory limits. It quashed the show cause notice and adjudication order after finding that the final demand travelled beyond the notice and imposed tax, interest and penalty on grounds not specified therein, contrary to the statutory restriction. The Court also held that the adjudicating authority failed to consider the petitioner's specific exemption plea under the notification and exemption provision, making the order unsustainable. The matter was remanded for fresh adjudication on merits after hearing the petitioner.
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