Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Limitation for passing a final assessment under section 144C(13) must be assessed in light of the interplay between section 144C and section 153: the tribunal applied preceding decisions holding the two provisions to be mutually inclusive and overlapping, so the limitation period for a 144C(13) assessment is to be governed with reference to section 153 read with section 144C. Applying that principle, the impugned final assessment under section 143(3) read with 144C(13) was held timebarred and quashed. Parties are granted liberty to revive the appeal on merits if the pending Supreme Court larger bench decision requires modification.
Limitation for passing a final assessment under section 144C(13) must be assessed in light of the interplay between section 144C and section 153: the tribunal applied preceding decisions holding the two provisions to be mutually inclusive and overlapping, so the limitation period for a 144C(13) assessment is to be governed with reference to section 153 read with section 144C. Applying that principle, the impugned final assessment under section 143(3) read with 144C(13) was held timebarred and quashed. Parties are granted liberty to revive the appeal on merits if the pending Supreme Court larger bench decision requires modification.
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