Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
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...
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The High Court allowed the petition and directed the tax authorities to accept the petitioner's Forms 1 and 2 under the Direct Tax Vivad Se Vishwas Act and issue a fresh Certificate in Form 3 within four weeks, granting waiver of the entire interest amount determined in the assessment orders. The Court held that no distinction has been made between waiver of interest on disputed taxes and interest on tax not in dispute u/s 3 of the Act. The tax authorities had erroneously calculated interest by not granting complete waiver, which was contrary to the provisions of the Act. The petitioner undertook to withdraw pending appeals/rectification applications expeditiously.
The High Court allowed the petition and directed the tax authorities to accept the petitioner's Forms 1 and 2 under the Direct Tax Vivad Se Vishwas Act and issue a fresh Certificate in Form 3 within four weeks, granting waiver of the entire interest amount determined in the assessment orders. The Court held that no distinction has been made between waiver of interest on disputed taxes and interest on tax not in dispute u/s 3 of the Act. The tax authorities had erroneously calculated interest by not granting complete waiver, which was contrary to the provisions of the Act. The petitioner undertook to withdraw pending appeals/rectification applications expeditiously.
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