Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
The High Court ruled on the maintainability of appeals under the Delhi Value Added Tax Act, 2004. It held that the obligation to approach the Appellate Tribunal for drawing up a 'statement of case' for the High Court's consideration is a prerequisite, and appeals directly instituted without this step would not be maintainable. The hierarchy of remedies under the Act requires the assessee to first appeal to the Appellate Tribunal, and then approach the High Court by establishing a 'substantial question of law.' The obligation to petition the Tribunal for a statement of case is a procedural matter and does not impair the right of appeal, as the Tribunal's refusal is subject to review. Consequently, the appeals instituted before the High Court u/s 81 of the DVAT Act were held maintainable.
The High Court ruled on the maintainability of appeals under the Delhi Value Added Tax Act, 2004. It held that the obligation to approach the Appellate Tribunal for drawing up a 'statement of case' for the High Court's consideration is a prerequisite, and appeals directly instituted without this step would not be maintainable. The hierarchy of remedies under the Act requires the assessee to first appeal to the Appellate Tribunal, and then approach the High Court by establishing a 'substantial question of law.' The obligation to petition the Tribunal for a statement of case is a procedural matter and does not impair the right of appeal, as the Tribunal's refusal is subject to review. Consequently, the appeals instituted before the High Court u/s 81 of the DVAT Act were held maintainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
