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...
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An assessee-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
An assessee-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
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