Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
The dominant issue was whether the adjudicating authority could decide an interlocutory application on merits despite a pre-pronouncement request to withdraw it. The tribunal accepted the counsel's affidavit and subsequent praecipe as credible evidence that withdrawal was sought, and held that the reliefs originally claimed were in any event overly wide and general. Consequently, deciding the application on merits despite the withdrawal request was unjustified; the impugned order dismissing the application was set aside, with liberty to file a fresh interlocutory application seeking appropriately framed reliefs for consideration in accordance with law, and the appeal was disposed of - NCLAT
The dominant issue was whether the adjudicating authority could decide an interlocutory application on merits despite a pre-pronouncement request to withdraw it. The tribunal accepted the counsel's affidavit and subsequent praecipe as credible evidence that withdrawal was sought, and held that the reliefs originally claimed were in any event overly wide and general. Consequently, deciding the application on merits despite the withdrawal request was unjustified; the impugned order dismissing the application was set aside, with liberty to file a fresh interlocutory application seeking appropriately framed reliefs for consideration in accordance with law, and the appeal was disposed of - NCLAT
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