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...
An application under Section 119(2)(b) challenged refusal to permit filing a revised return beyond five years; the High Court found the taxpayer had pursued rectification within the five year window and had reasonably relied on rectification as the remedy. The court held the authority could not ignore the circular's temporal condition, treated the misdeclaration as a bona fide error without deciding revised return merits, set aside the impugned order and remitted the matter for fresh consideration of the revised return for the relevant assessment year in accordance with law.
An application under Section 119(2)(b) challenged refusal to permit filing a revised return beyond five years; the High Court found the taxpayer had pursued rectification within the five year window and had reasonably relied on rectification as the remedy. The court held the authority could not ignore the circular's temporal condition, treated the misdeclaration as a bona fide error without deciding revised return merits, set aside the impugned order and remitted the matter for fresh consideration of the revised return for the relevant assessment year in accordance with law.
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