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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The High Court allowed the petition and quashed the impugned recovery proceedings, recovery certificate order, and attachment order issued by the authorities to recover outstanding dues from the estate of a deceased director of the company M/s Oren Kitchen Appliances Pvt. Ltd. The Court held that the recovery proceedings were initiated after the director's death, without providing an opportunity of hearing as required under the relevant provisions. Additionally, the Court relied on the legal position that the corporate veil cannot be lifted lightly, and no specific order fastening personal liability on the directors had been passed by the authorities. Consequently, the recovery actions against the deceased director's estate were held unsustainable and quashed.
The High Court allowed the petition and quashed the impugned recovery proceedings, recovery certificate order, and attachment order issued by the authorities to recover outstanding dues from the estate of a deceased director of the company M/s Oren Kitchen Appliances Pvt. Ltd. The Court held that the recovery proceedings were initiated after the director's death, without providing an opportunity of hearing as required under the relevant provisions. Additionally, the Court relied on the legal position that the corporate veil cannot be lifted lightly, and no specific order fastening personal liability on the directors had been passed by the authorities. Consequently, the recovery actions against the deceased director's estate were held unsustainable and quashed.
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