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...
Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
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