Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Eligibility for settlement under DTVSV Act - Delay in filing appeal - Pending appeal before ITAT - Specified date under DTVSV Act - The High Court observed that Section 2 (1) (a) (ii) of the DTVSV Act includes cases where the time limit for filing an appeal had not expired on the specified date, making the assessee eligible for settlement benefits. - The DTVSV Act is aimed at resolving tax disputes and ensuring timely revenue collection. The specified date is 31.01.2020. The legislative intent, as evident from the Finance Minister’s speech and the Statement of Objects and Reasons, was to bring finality to tax disputes and reduce litigation. Thus, the interpretation of the DTVSV Act should be liberal and purposive, extending its benefits to eligible taxpayers. - The Delhi High Court ruled in favor of the assessee, allowing the application under the DTVSV Act.
Eligibility for settlement under DTVSV Act - Delay in filing appeal - Pending appeal before ITAT - Specified date under DTVSV Act - The High Court observed that Section 2 (1) (a) (ii) of the DTVSV Act includes cases where the time limit for filing an appeal had not expired on the specified date, making the assessee eligible for settlement benefits. - The DTVSV Act is aimed at resolving tax disputes and ensuring timely revenue collection. The specified date is 31.01.2020. The legislative intent, as evident from the Finance Minister’s speech and the Statement of Objects and Reasons, was to bring finality to tax disputes and reduce litigation. Thus, the interpretation of the DTVSV Act should be liberal and purposive, extending its benefits to eligible taxpayers. - The Delhi High Court ruled in favor of the assessee, allowing the application under the DTVSV Act.
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