Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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The HC found the appellate authority's rejection of the appeal on limitation grounds justified but, referencing relevant Supreme Court and HC precedents, held that the right to a hearing on appeal cannot be denied solely due to delay. Considering the petitioner's medical condition and supporting documents, the court condoned the delay in filing the appeal. The matter was remanded to the Joint Commissioner (Appeals) with directions to adjudicate the appeal on its merits without addressing limitation. Both parties must be afforded a fair hearing, and the appeal is to be decided expeditiously, preferably within three months. The petition was allowed accordingly.
The HC found the appellate authority's rejection of the appeal on limitation grounds justified but, referencing relevant Supreme Court and HC precedents, held that the right to a hearing on appeal cannot be denied solely due to delay. Considering the petitioner's medical condition and supporting documents, the court condoned the delay in filing the appeal. The matter was remanded to the Joint Commissioner (Appeals) with directions to adjudicate the appeal on its merits without addressing limitation. Both parties must be afforded a fair hearing, and the appeal is to be decided expeditiously, preferably within three months. The petition was allowed accordingly.
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