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...
Reassessment of an infrastructure deduction claim under section 80-IA was considered invalid on three grounds. Eligibility could not be denied by treating an Indian-registered undertaking as foreign-owned merely because its shares were held by a foreign parent; the recorded reasons also failed to consider development of crane facilities and earlier treatment of the container-terminal business. Reopening after scrutiny on the basis of disclosed and previously examined material amounted to a change of opinion, absent new tangible material. Reassessment founded solely on a revenue audit objection was also treated as legally unsustainable. The reassessment notice, order rejecting objections, and consequential draft assessment proceedings were quashed.
Reassessment of an infrastructure deduction claim under section 80-IA was considered invalid on three grounds. Eligibility could not be denied by treating an Indian-registered undertaking as foreign-owned merely because its shares were held by a foreign parent; the recorded reasons also failed to consider development of crane facilities and earlier treatment of the container-terminal business. Reopening after scrutiny on the basis of disclosed and previously examined material amounted to a change of opinion, absent new tangible material. Reassessment founded solely on a revenue audit objection was also treated as legally unsustainable. The reassessment notice, order rejecting objections, and consequential draft assessment proceedings were quashed.
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