Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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...
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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