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...
Refund was rejected as time-barred under s.54(3) CGST Act by treating a later revised application (filed after a deficiency memo) as the relevant date for limitation. The Court held that limitation must be computed from the date of the initial refund application, and a subsequent revised filing pursuant to a deficiency memo cannot shift the limitation start point; the contrary approach was erroneous and liable to be quashed. Consequently, the impugned orders were set aside and the matter was remitted for fresh consideration of the refund claim on merits in accordance with law, and the petition was allowed. - HC
Refund was rejected as time-barred under s.54(3) CGST Act by treating a later revised application (filed after a deficiency memo) as the relevant date for limitation. The Court held that limitation must be computed from the date of the initial refund application, and a subsequent revised filing pursuant to a deficiency memo cannot shift the limitation start point; the contrary approach was erroneous and liable to be quashed. Consequently, the impugned orders were set aside and the matter was remitted for fresh consideration of the refund claim on merits in accordance with law, and the petition was allowed. - HC
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