Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
HC held that the petition is maintainable and that issuance of a fresh demand on identical grounds previously examined under Section 61 is impermissible. The court construed Section 61(2) as creating an embargo on further demands, including those under Section 73, where the taxpayer's explanation was accepted; Section 73 contains no non-obstante provision to override Section 61(2). Consequently, the show-cause notice issued under Section 73 and the consequential adjudication were vitiated. The impugned SCN dated 29 May 2024 and the resultant order dated 28 Aug 2024 are quashed, and the petition is disposed of with the petitioner granted relief.
HC held that the petition is maintainable and that issuance of a fresh demand on identical grounds previously examined under Section 61 is impermissible. The court construed Section 61(2) as creating an embargo on further demands, including those under Section 73, where the taxpayer's explanation was accepted; Section 73 contains no non-obstante provision to override Section 61(2). Consequently, the show-cause notice issued under Section 73 and the consequential adjudication were vitiated. The impugned SCN dated 29 May 2024 and the resultant order dated 28 Aug 2024 are quashed, and the petition is disposed of with the petitioner granted relief.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
