Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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Interplay between section 144C and section 153 requires determination of limitation for passing final assessment orders by reference to both provisions construed together; this mutual and harmonious construction was applied to hold that final assessment orders rendered beyond the combined time limits are barred by limitation and therefore quashed. An interim stay of a precedent does not negate its ratio decidendi, but reliance in the instant case was placed on an unstayed High Court decision; accordingly the appeal was heard and the Departments preliminary objection rejected, resulting in annulment of time-barred assessment orders.
Interplay between section 144C and section 153 requires determination of limitation for passing final assessment orders by reference to both provisions construed together; this mutual and harmonious construction was applied to hold that final assessment orders rendered beyond the combined time limits are barred by limitation and therefore quashed. An interim stay of a precedent does not negate its ratio decidendi, but reliance in the instant case was placed on an unstayed High Court decision; accordingly the appeal was heard and the Departments preliminary objection rejected, resulting in annulment of time-barred assessment orders.
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