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...
Statutory pre-deposit as a condition precedent to preferring an appeal must be complied with and non compliance renders an appeal liable to dismissal; where an efficacious statutory remedy exists, a writ petition challenging dismissal for failure to make the pre deposit is not maintainable and is liable to be dismissed. Payments made by one party cannot be set off or appropriated against another distinct party's statutory pre deposit obligation; separate liabilities remain. Failure to comply with pre deposit cannot be remedied by approaching the writ court absent changed circumstances, and the writ petition was dismissed for want of maintainability.
Statutory pre-deposit as a condition precedent to preferring an appeal must be complied with and non compliance renders an appeal liable to dismissal; where an efficacious statutory remedy exists, a writ petition challenging dismissal for failure to make the pre deposit is not maintainable and is liable to be dismissed. Payments made by one party cannot be set off or appropriated against another distinct party's statutory pre deposit obligation; separate liabilities remain. Failure to comply with pre deposit cannot be remedied by approaching the writ court absent changed circumstances, and the writ petition was dismissed for want of maintainability.
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