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...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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The Settlement Act is a self-contained code prescribing conditions, methodology and consequences of settlement and does not permit designated authorities to import MVAT Section 50 adjustment powers when determining settlement dues; refunds are not treated as payments in respect of statutory orders and arrears are computed year-wise, so adjusting a 2007-08 refund against a 2008-09 settlement is barred and defeats the scheme. Further, the designated authority must afford a reasonable opportunity to be heard as required by Section 13 provisions and principles of natural justice; the impugned adjustment order was set aside and the refund awarded with interest while the 2008-09 settlement proceeds without that adjustment.
The Settlement Act is a self-contained code prescribing conditions, methodology and consequences of settlement and does not permit designated authorities to import MVAT Section 50 adjustment powers when determining settlement dues; refunds are not treated as payments in respect of statutory orders and arrears are computed year-wise, so adjusting a 2007-08 refund against a 2008-09 settlement is barred and defeats the scheme. Further, the designated authority must afford a reasonable opportunity to be heard as required by Section 13 provisions and principles of natural justice; the impugned adjustment order was set aside and the refund awarded with interest while the 2008-09 settlement proceeds without that adjustment.
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