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...
Challenge to confirmation of GST tax demand with interest and penalty on the ground that the adjudication proceeded without a reply to the show-cause notice. The court held that where the taxpayer asserted bona fide and unavoidable reasons constituting sufficient cause for not filing a reply, a justice-oriented approach warranted one further opportunity to contest on merits; accordingly, the adjudication order under s.73 and the appellate order under s.107 were set aside and the matter was remitted for fresh consideration from the stage of filing reply to the show-cause notice, subject to payment of costs to the Legal Services Authority. - HC
Challenge to confirmation of GST tax demand with interest and penalty on the ground that the adjudication proceeded without a reply to the show-cause notice. The court held that where the taxpayer asserted bona fide and unavoidable reasons constituting sufficient cause for not filing a reply, a justice-oriented approach warranted one further opportunity to contest on merits; accordingly, the adjudication order under s.73 and the appellate order under s.107 were set aside and the matter was remitted for fresh consideration from the stage of filing reply to the show-cause notice, subject to payment of costs to the Legal Services Authority. - HC
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