Tax authority's substitution of projected figures with actuals overturned; original acquisition valuation upheld; transfer pricing issues remitted for...
Beneficial owner held liable for differential customs duty; royalties added under Rule 10(1)(c); confiscation, penalties under s.111(m), s.114A, s.112...
The HC held that the petitioner, having subsequently filed requisite returns and paid assessed tax following issuance of best-judgment assessment orders under s.62(1) of the UPGST Act, benefited from the deeming fiction in s.62(2) so that further demands were required to be withdrawn. Creation of liens and freezing of the petitioner's bank accounts under s.79 more than a year after taxes were paid was held impermissible as applied in the circumstances and constituted an unduly harsh exercise of recovery powers; invocation of s.79 for recovery was therefore ultra vires as to these amounts. The petition was allowed and disposed of.
The HC held that the petitioner, having subsequently filed requisite returns and paid assessed tax following issuance of best-judgment assessment orders under s.62(1) of the UPGST Act, benefited from the deeming fiction in s.62(2) so that further demands were required to be withdrawn. Creation of liens and freezing of the petitioner's bank accounts under s.79 more than a year after taxes were paid was held impermissible as applied in the circumstances and constituted an unduly harsh exercise of recovery powers; invocation of s.79 for recovery was therefore ultra vires as to these amounts. The petition was allowed and disposed of.
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