Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document...
High court power / jurisdiction to condone the delay - delay in filing an application seeking special leave to appeal against an acquittal. - After thorough consideration, the High court concluded that there is indeed power to condone the delay in such cases. - The court emphasized the precedential authority of a Supreme Court judgment, stating that it is binding on all courts unless distinguished, overruled, or set aside. The argument that the Supreme Court decision was inadequately considered was rejected. - The court analyzed the provisions of the Criminal Procedure Code and the Limitation Act, particularly regarding their applicability in appeals against acquittal. It concluded that Section 5 of the Limitation Act can be availed in such appeals.
High court power / jurisdiction to condone the delay - delay in filing an application seeking special leave to appeal against an acquittal. - After thorough consideration, the High court concluded that there is indeed power to condone the delay in such cases. - The court emphasized the precedential authority of a Supreme Court judgment, stating that it is binding on all courts unless distinguished, overruled, or set aside. The argument that the Supreme Court decision was inadequately considered was rejected. - The court analyzed the provisions of the Criminal Procedure Code and the Limitation Act, particularly regarding their applicability in appeals against acquittal. It concluded that Section 5 of the Limitation Act can be availed in such appeals.
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