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 under s.159(1)-(2)(b) the legal representative is liable for tax liabilities of the deceased and proceedings capable of being taken against the deceased may be continued against the legal representative. The court found no merit in challenges to jurisdiction or limitation of notices issued post-death, observing the petitioner failed to notify the Department of the death; assessments properly remained in the name of the deceased with liability to be fastened on legal representatives. The HC rejected jurisdictional/limitation pleas to the extent raised, quashed the impugned orders, and remitted the matter to the 1st respondent for a fresh merits adjudication; the remand bars relitigation of limitation or jurisdiction.
The HC held that under s.159(1)-(2)(b) the legal representative is liable for tax liabilities of the deceased and proceedings capable of being taken against the deceased may be continued against the legal representative. The court found no merit in challenges to jurisdiction or limitation of notices issued post-death, observing the petitioner failed to notify the Department of the death; assessments properly remained in the name of the deceased with liability to be fastened on legal representatives. The HC rejected jurisdictional/limitation pleas to the extent raised, quashed the impugned orders, and remitted the matter to the 1st respondent for a fresh merits adjudication; the remand bars relitigation of limitation or jurisdiction.
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