Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
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Remand by a tribunal to the Transfer Pricing Officer is legally distinct from a reference initiated by the Assessing Officer; therefore the time-limit for giving effect to a tribunal remand is governed by the statutory provision applicable to fresh orders on appellate remand (the provision corresponding to Section 153(3) and the related giving-effect provision) and not by the extension mechanism that applies only to AO references. Applying the jurisdictional nature of limitation, the court found the period to give effect had expired on 31-03-2024, quashed the communication rejecting refund and directed payment of the excess tax with interest and timelines for compliance.
Remand by a tribunal to the Transfer Pricing Officer is legally distinct from a reference initiated by the Assessing Officer; therefore the time-limit for giving effect to a tribunal remand is governed by the statutory provision applicable to fresh orders on appellate remand (the provision corresponding to Section 153(3) and the related giving-effect provision) and not by the extension mechanism that applies only to AO references. Applying the jurisdictional nature of limitation, the court found the period to give effect had expired on 31-03-2024, quashed the communication rejecting refund and directed payment of the excess tax with interest and timelines for compliance.
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