Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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A High Court reaffirmed the presumption of constitutionality for subordinate legislation and held that the central board may issue orders, instructions, or directions to Central Tax Officers to secure uniform implementation; those officers and implementation staff must follow them. The court accepted that assignment of functions to Central Tax Officers may be proposed by the Commissioner in the Board and approved by the Board, and therefore found no basis to invalidate the challenged administrative circular dated 5 July 2017. The writ petition was partly allowed only to reschedule compliance with a summons to a new date, and the challenge to the circular was dismissed.
A High Court reaffirmed the presumption of constitutionality for subordinate legislation and held that the central board may issue orders, instructions, or directions to Central Tax Officers to secure uniform implementation; those officers and implementation staff must follow them. The court accepted that assignment of functions to Central Tax Officers may be proposed by the Commissioner in the Board and approved by the Board, and therefore found no basis to invalidate the challenged administrative circular dated 5 July 2017. The writ petition was partly allowed only to reschedule compliance with a summons to a new date, and the challenge to the circular was dismissed.
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