Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Section 28-I(2) bars admission of an advance-ruling application when the question raised is the same as one already decided by a Court or Appellate Tribunal. The classification of plain oven-roasted areca nuts was treated as settled by a binding High Court decision, so the classification issue could not be reconsidered through advance ruling. The notes further explain that the statutory scheme does not permit partial rejection of an application: although the related customs-duty exemption question was not independently covered, it could not be retained for separate determination. Accordingly, the applications were rejected in full without rulings on either issue.
Section 28-I(2) bars admission of an advance-ruling application when the question raised is the same as one already decided by a Court or Appellate Tribunal. The classification of plain oven-roasted areca nuts was treated as settled by a binding High Court decision, so the classification issue could not be reconsidered through advance ruling. The notes further explain that the statutory scheme does not permit partial rejection of an application: although the related customs-duty exemption question was not independently covered, it could not be retained for separate determination. Accordingly, the applications were rejected in full without rulings on either issue.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4791
Join Channel
TaxTMI 
