Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The petitioner is entitled to carry forward the reduced Minimum Alternate Tax (MAT) Credit for payment of taxes under the Direct Tax Vivad se Vishwas (DTVSV) Scheme. The respondent, while calculating the amount payable in Form 3 regarding tax arrears and amount payable under DTVSV, failed to consider the Assessing Officer's order permitting the petitioner to carry forward the MAT Credit. The High Court quashed Form 3 and the rectification order, remanding the matter to the respondent to recalculate the entitlement of refund in accordance with the Scheme and Rules, applying Rule 10, and considering the Assessing Officer's order u/s 154 giving effect to the CIT(A) order regarding the MAT Credit carry forward.
The petitioner is entitled to carry forward the reduced Minimum Alternate Tax (MAT) Credit for payment of taxes under the Direct Tax Vivad se Vishwas (DTVSV) Scheme. The respondent, while calculating the amount payable in Form 3 regarding tax arrears and amount payable under DTVSV, failed to consider the Assessing Officer's order permitting the petitioner to carry forward the MAT Credit. The High Court quashed Form 3 and the rectification order, remanding the matter to the respondent to recalculate the entitlement of refund in accordance with the Scheme and Rules, applying Rule 10, and considering the Assessing Officer's order u/s 154 giving effect to the CIT(A) order regarding the MAT Credit carry forward.
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