Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Whether the adjudicating authority could permit amendment of the "date of default" in a s.7 application from a date falling within the s.10A prohibited period to an earlier date was the dominant issue. The tribunal held that an amendment is permissible where the underlying pleadings and contemporaneous documents already disclose the earlier default and the later date merely reflected a continuing default based on post-dated cheques; such amendment does not amount to impermissible withdrawal of an admission but a clarification consistent with record, and s.10A bars only applications founded on defaults occurring within the protected period. Accordingly, the order allowing amendment was upheld and the appeal was dismissed - NCLAT
Whether the adjudicating authority could permit amendment of the "date of default" in a s.7 application from a date falling within the s.10A prohibited period to an earlier date was the dominant issue. The tribunal held that an amendment is permissible where the underlying pleadings and contemporaneous documents already disclose the earlier default and the later date merely reflected a continuing default based on post-dated cheques; such amendment does not amount to impermissible withdrawal of an admission but a clarification consistent with record, and s.10A bars only applications founded on defaults occurring within the protected period. Accordingly, the order allowing amendment was upheld and the appeal was dismissed - NCLAT
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