Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
A lapse of over eight years in giving effect to a Tribunal remand renders proceedings to exercise reassessment powers inordinate and barred by limitation. The note explains that Section 153 was amended in 2016 to prescribe time limits for giving effect to Tribunal orders but that even under the pre amendment regime an unexplained delay of this magnitude cannot be treated as reasonable. Applying the limitation principle and prior Division Bench authority construing the statutory scheme, the article concludes that an order made after such delay cannot be lawfully passed and refunds ordered earlier must stand.
A lapse of over eight years in giving effect to a Tribunal remand renders proceedings to exercise reassessment powers inordinate and barred by limitation. The note explains that Section 153 was amended in 2016 to prescribe time limits for giving effect to Tribunal orders but that even under the pre amendment regime an unexplained delay of this magnitude cannot be treated as reasonable. Applying the limitation principle and prior Division Bench authority construing the statutory scheme, the article concludes that an order made after such delay cannot be lawfully passed and refunds ordered earlier must stand.
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