Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
The High Court held that while exercising jurisdiction under Article 226 of the Constitution, it does not assume the role of an appellate authority to conduct a merit review of orders passed by the Income Tax Settlement Commission. Its role is confined to judicial review by applying well-settled principles. The Court would be concerned with the decision-making process adopted by the Commission, not the decision itself. The scope of inquiry is limited to whether the Commission's order complies with statutory provisions of Chapter XIX-A of the Income Tax Act. The Court cannot decide on facts or interpretation of documents. A defect vitiating a settlement must vitiate the whole, not merely a part. A settlement partakes the nature of a negotiated contract with a "give and take." The settlement must fail or succeed as a whole, as partial acceptance is not envisaged under the Income Tax Act. The Court must defer to the statutory finality envisaged for settlement while exercising judicial review. The Writ Appeal was dismissed.
The High Court held that while exercising jurisdiction under Article 226 of the Constitution, it does not assume the role of an appellate authority to conduct a merit review of orders passed by the Income Tax Settlement Commission. Its role is confined to judicial review by applying well-settled principles. The Court would be concerned with the decision-making process adopted by the Commission, not the decision itself. The scope of inquiry is limited to whether the Commission's order complies with statutory provisions of Chapter XIX-A of the Income Tax Act. The Court cannot decide on facts or interpretation of documents. A defect vitiating a settlement must vitiate the whole, not merely a part. A settlement partakes the nature of a negotiated contract with a "give and take." The settlement must fail or succeed as a whole, as partial acceptance is not envisaged under the Income Tax Act. The Court must defer to the statutory finality envisaged for settlement while exercising judicial review. The Writ Appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
