Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
A notice of demand under Section 156 requires an existing assessment or reassessment order fixing tax or arrears; absent such an antecedent order a demand notice is ultra vires and invalid. Where an original scrutiny assessment recorded nil liability, the revenue must invoke the reassessment/reopening procedure before creating fresh tax liability; issuing a demand years later on the same material without reopening under Section 147 amounts to an impermissible change of opinion. The impugned demand was therefore beyond jurisdiction and quashed.
A notice of demand under Section 156 requires an existing assessment or reassessment order fixing tax or arrears; absent such an antecedent order a demand notice is ultra vires and invalid. Where an original scrutiny assessment recorded nil liability, the revenue must invoke the reassessment/reopening procedure before creating fresh tax liability; issuing a demand years later on the same material without reopening under Section 147 amounts to an impermissible change of opinion. The impugned demand was therefore beyond jurisdiction and quashed.
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