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...
Finality of an earlier judicial determination prevented the Department from reopening the applicable compounding guidelines when calculating the compounding fee. The article explains that a direction to quantify the fee required calculation rather than fresh adjudication, and that statutory instructions on compounding could not displace a binding inter partes finding that the 2008 CBDT Guidelines governed the application. It further notes that the 2024 Guidelines on fresh applications were limited to applications rejected for specified curable defects and did not cover applications rejected on merits. The fee was therefore to be recomputed under the 2008 Guidelines after crediting the amount already paid.
Finality of an earlier judicial determination prevented the Department from reopening the applicable compounding guidelines when calculating the compounding fee. The article explains that a direction to quantify the fee required calculation rather than fresh adjudication, and that statutory instructions on compounding could not displace a binding inter partes finding that the 2008 CBDT Guidelines governed the application. It further notes that the 2024 Guidelines on fresh applications were limited to applications rejected for specified curable defects and did not cover applications rejected on merits. The fee was therefore to be recomputed under the 2008 Guidelines after crediting the amount already paid.
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