Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
The service tax adjudication deadline is a directory time limit, not an absolute bar, because the statutory phrase "where it is possible to do so" qualifies the period for passing orders. The provision is intended to secure expeditious disposal and curb administrative delay, but it does not invalidate an adjudication passed beyond one year where the delay is justified. Where repeated notices and hearing opportunities were issued and the assessee did not respond until the final notice, the resulting delay was attributable to the assessee, and the assessee could not rely on its own default to challenge the adjudication.
The service tax adjudication deadline is a directory time limit, not an absolute bar, because the statutory phrase "where it is possible to do so" qualifies the period for passing orders. The provision is intended to secure expeditious disposal and curb administrative delay, but it does not invalidate an adjudication passed beyond one year where the delay is justified. Where repeated notices and hearing opportunities were issued and the assessee did not respond until the final notice, the resulting delay was attributable to the assessee, and the assessee could not rely on its own default to challenge the adjudication.
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