Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Service tax demand was challenged on the ground that the Show Cause Notice issued solely on the basis of CBDT/Income Tax data lacked independent verification and breached principles of natural justice; consequently the demand was set aside. The failure to undertake mandatory pre-Show Cause Notice consultation for demands exceeding the prescribed threshold was held to render the notice legally unsustainable, resulting in quashing of demand. Because the substantive demand failed, interest, penalty and late fees linked to the alleged service tax liability were also held not leviable and were set aside.
Service tax demand was challenged on the ground that the Show Cause Notice issued solely on the basis of CBDT/Income Tax data lacked independent verification and breached principles of natural justice; consequently the demand was set aside. The failure to undertake mandatory pre-Show Cause Notice consultation for demands exceeding the prescribed threshold was held to render the notice legally unsustainable, resulting in quashing of demand. Because the substantive demand failed, interest, penalty and late fees linked to the alleged service tax liability were also held not leviable and were set aside.
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