Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Failure to issue Form-4 under the Income Declaration Scheme, 2016 despite payment of tax resulted in the disclosed income being again assessed in A.Y. 2017-18, causing double taxation. The court held that the self-assessment tax paid pursuant to the deeming fiction under Section 197(b) (treating the declaration as rejected for non-payment of the third instalment) was inextricably linked to the same undisclosed income and, consistent with CBDT Circular No. 25/2016 and the beneficial object of the revival provisions, had to be credited as payment towards the Scheme. Authorities were directed to treat the self-assessment tax as the third instalment, issue Form-4, and modify the A.Y. 2017-18 assessment by excluding the disclosed income and recomputing demand accordingly. - HC
Failure to issue Form-4 under the Income Declaration Scheme, 2016 despite payment of tax resulted in the disclosed income being again assessed in A.Y. 2017-18, causing double taxation. The court held that the self-assessment tax paid pursuant to the deeming fiction under Section 197(b) (treating the declaration as rejected for non-payment of the third instalment) was inextricably linked to the same undisclosed income and, consistent with CBDT Circular No. 25/2016 and the beneficial object of the revival provisions, had to be credited as payment towards the Scheme. Authorities were directed to treat the self-assessment tax as the third instalment, issue Form-4, and modify the A.Y. 2017-18 assessment by excluding the disclosed income and recomputing demand accordingly. - HC
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