Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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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