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...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The dominant issue was whether dismissal of the statutory appeals solely for delay was sustainable where the assessee was effectively denied a reasonable opportunity to respond and be heard, since the dates for filing reply and personal hearing were fixed on the same day (or with only a one-day gap), offending principles of natural justice. The Court held that, notwithstanding limits on the appellate authority's power to condone delay, the impugned dismissal orders required interference to secure justice. The dismissal orders were set aside and the appeals were restored subject to deposit of a specified sum within ten days; the demand was made conditional on the appellate outcome. - HC
The dominant issue was whether dismissal of the statutory appeals solely for delay was sustainable where the assessee was effectively denied a reasonable opportunity to respond and be heard, since the dates for filing reply and personal hearing were fixed on the same day (or with only a one-day gap), offending principles of natural justice. The Court held that, notwithstanding limits on the appellate authority's power to condone delay, the impugned dismissal orders required interference to secure justice. The dismissal orders were set aside and the appeals were restored subject to deposit of a specified sum within ten days; the demand was made conditional on the appellate outcome. - HC
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