Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
The Income Tax Settlement Commission (ITSC) has wide powers under Chapter XIX-A to examine and evaluate all aspects of an application for settlement, including calling for reports, directing further inquiries, and holistically examining matters beyond the disclosures made by the applicant. The essential ingredients for granting immunity u/s 245H are cooperation by the applicant in computing total income and full and true disclosure of income, which are the same prerequisites for computation u/s 245D(4). Once the ITSC finds these conditions satisfied, its order granting immunity cannot be questioned separately, as both provisions are premised on identical considerations. The ITSC's order has finality u/s 245I, and can only be reviewed on grounds provided in Chapter XIX-A. Interfering with the grant of immunity would amount to questioning the acceptance of the application itself, which cannot be done if the statutory conditions were found satisfied. The principle of severability cannot be invoked as the considerations for computation and immunity are not distinct.
The Income Tax Settlement Commission (ITSC) has wide powers under Chapter XIX-A to examine and evaluate all aspects of an application for settlement, including calling for reports, directing further inquiries, and holistically examining matters beyond the disclosures made by the applicant. The essential ingredients for granting immunity u/s 245H are cooperation by the applicant in computing total income and full and true disclosure of income, which are the same prerequisites for computation u/s 245D(4). Once the ITSC finds these conditions satisfied, its order granting immunity cannot be questioned separately, as both provisions are premised on identical considerations. The ITSC's order has finality u/s 245I, and can only be reviewed on grounds provided in Chapter XIX-A. Interfering with the grant of immunity would amount to questioning the acceptance of the application itself, which cannot be done if the statutory conditions were found satisfied. The principle of severability cannot be invoked as the considerations for computation and immunity are not distinct.
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