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...
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The sole issue was whether the Department could adjust a tax refund for A.Y. 2023-24 against an outstanding demand for A.Y. 2022-23 without the specific higher-payment reference contemplated by the applicable Office Memoranda and s.245 procedure; the court held that, absent any reference to the Principal Commissioner/Commissioner to require a payment above the stay deposit, only the contractual stay deposit proportion (20%) of the A.Y. 2022-23 demand could lawfully be set off-20% (Rs. 1,03,46,296) retained and the remainder of the refund to be paid with interest within 30 days; the retained sum remains subject to the pending appeal and the residual demand remains stayed until its disposal. - HC
The sole issue was whether the Department could adjust a tax refund for A.Y. 2023-24 against an outstanding demand for A.Y. 2022-23 without the specific higher-payment reference contemplated by the applicable Office Memoranda and s.245 procedure; the court held that, absent any reference to the Principal Commissioner/Commissioner to require a payment above the stay deposit, only the contractual stay deposit proportion (20%) of the A.Y. 2022-23 demand could lawfully be set off-20% (Rs. 1,03,46,296) retained and the remainder of the refund to be paid with interest within 30 days; the retained sum remains subject to the pending appeal and the residual demand remains stayed until its disposal. - HC
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