Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Stamp duty on an order approving a scheme of amalgamation must be determined by treating that order as the instrument of levy. Reliance on a share valuation predating the order is not justified solely because the amalgamation order does not specify valuation. However, where neither side adequately establishes the relevant value at the time of scheme submission or order, strict construction of fiscal law requires fresh adjudication based on relevant valuation material and the taxpayer's written response. The stamp-duty demand was set aside, with the matter remanded for fresh adjudication after personal hearing; the interim deposit was to continue pending that determination.
Stamp duty on an order approving a scheme of amalgamation must be determined by treating that order as the instrument of levy. Reliance on a share valuation predating the order is not justified solely because the amalgamation order does not specify valuation. However, where neither side adequately establishes the relevant value at the time of scheme submission or order, strict construction of fiscal law requires fresh adjudication based on relevant valuation material and the taxpayer's written response. The stamp-duty demand was set aside, with the matter remanded for fresh adjudication after personal hearing; the interim deposit was to continue pending that determination.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
