Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceed...
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedin...
Unverified Insight Portal Information Cannot Justify Reassessment Without a Verified Taxpayer-Specific Income-Escape Nexus or Demonstrated Application...
Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4879 
