Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
The High Court held that the Settlement Commission cannot reopen or rectify its concluded settlement order under Section 154 to impose interest under Section 234B, following Supreme Court precedent. The Commission's rectification order rectifying the settlement order passed under Section 245D(4) was quashed as invalid, and the consequent demand notice was set aside. The court rejected Revenue's submission that interest should be levied from intimation under Section 143(1) until admission, holding that reopening concluded proceedings indirectly would contravene the settled rule against such reopening. Writ petition allowed.
The High Court held that the Settlement Commission cannot reopen or rectify its concluded settlement order under Section 154 to impose interest under Section 234B, following Supreme Court precedent. The Commission's rectification order rectifying the settlement order passed under Section 245D(4) was quashed as invalid, and the consequent demand notice was set aside. The court rejected Revenue's submission that interest should be levied from intimation under Section 143(1) until admission, holding that reopening concluded proceedings indirectly would contravene the settled rule against such reopening. Writ petition allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
