Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
A company sold as a going concern in liquidation was treated as acquired on a clean slate basis, so past liabilities and investigations stood extinguished under the insolvency framework. The High Court applied the settled principle from insolvency sale jurisprudence and held that reopening could not proceed on that footing. It also found the reassessment to be based on an unverified assumption that interest deduction might have been claimed, despite the company's explanation that no such deduction was taken and the matter was verifiable from the accounts. As the AO acted on surmises rather than examined material, the notice and the order under Section 148A(d) were quashed.
A company sold as a going concern in liquidation was treated as acquired on a clean slate basis, so past liabilities and investigations stood extinguished under the insolvency framework. The High Court applied the settled principle from insolvency sale jurisprudence and held that reopening could not proceed on that footing. It also found the reassessment to be based on an unverified assumption that interest deduction might have been claimed, despite the company's explanation that no such deduction was taken and the matter was verifiable from the accounts. As the AO acted on surmises rather than examined material, the notice and the order under Section 148A(d) were quashed.
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