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...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The High Court held that the impugned notices issued for Assessment Years 2009-10 to 2014-15 u/s 153C of the Income Tax Act were valid and not time-barred. The court applied the extended period of 10 years for reassessment proceedings, as the amount of income escaping assessment exceeded Rs. 50 lakh. The 10-year period was computed from the Assessment Year 2018-19, considering the date when the Assessing Officer recorded satisfaction after receiving the seized material on 23.10.2019. The court harmoniously interpreted Sections 153A and 153C, relying on the Supreme Court's decision in Vikram Sujit Kumar Bhatia, which held the second proviso to Section 153A as clarificatory. Consequently, the notices were upheld as valid within the extended 10-year limitation period.
The High Court held that the impugned notices issued for Assessment Years 2009-10 to 2014-15 u/s 153C of the Income Tax Act were valid and not time-barred. The court applied the extended period of 10 years for reassessment proceedings, as the amount of income escaping assessment exceeded Rs. 50 lakh. The 10-year period was computed from the Assessment Year 2018-19, considering the date when the Assessing Officer recorded satisfaction after receiving the seized material on 23.10.2019. The court harmoniously interpreted Sections 153A and 153C, relying on the Supreme Court's decision in Vikram Sujit Kumar Bhatia, which held the second proviso to Section 153A as clarificatory. Consequently, the notices were upheld as valid within the extended 10-year limitation period.
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