Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Effect of amalgamation on corporate identity and liabilities was determinative: because the assessment related to a transferor company that had been amalgamated, its liabilities could not be attributed to that non-existing entity and the banking attachment enforced against the petitioner could not be sustained. Liability of a former director was rejected as the petitioner had resigned before the assessment periods and thus could not be held personally responsible for the companys tax debt. Reliance on a provision purporting to fasten director liability was held inapplicable where the transferor company stood amalgamated and the tax authorities could proceed against the amalgamated entity instead.
Effect of amalgamation on corporate identity and liabilities was determinative: because the assessment related to a transferor company that had been amalgamated, its liabilities could not be attributed to that non-existing entity and the banking attachment enforced against the petitioner could not be sustained. Liability of a former director was rejected as the petitioner had resigned before the assessment periods and thus could not be held personally responsible for the companys tax debt. Reliance on a provision purporting to fasten director liability was held inapplicable where the transferor company stood amalgamated and the tax authorities could proceed against the amalgamated entity instead.
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