Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
Customs Broker licence proceedings require accurate procedural facts before delay or natural-justice findings can justify setting aside regulatory act...
Provisional assessment finalisation must precede export duty recovery, while redemption fine fails for goods already exported and unavailable for conf...
Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was invalid due to its reliance on repealed provisions. The High Court noted that subsequent legislation and court decisions had overtaken the statutes on which the original notices were based, rendering them ineffective. The High Court pointed out procedural flaws in the reassessment process, including the lack of proper approval from designated authorities, which was mandated by the law. The court emphasized the importance of following due process to uphold the integrity of tax reassessment procedures.
Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was invalid due to its reliance on repealed provisions. The High Court noted that subsequent legislation and court decisions had overtaken the statutes on which the original notices were based, rendering them ineffective. The High Court pointed out procedural flaws in the reassessment process, including the lack of proper approval from designated authorities, which was mandated by the law. The court emphasized the importance of following due process to uphold the integrity of tax reassessment procedures.
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