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...
Liability for non-remittance of TDS rests with those responsible for corporate affairs; petitioner may challenge assessment orders as based on the company's erroneous TDS declaration and is entitled to pursue the statutory appellate remedy under Section 260A of the Income Tax Act, which must be followed rather than seeking Article 226 review. The Official Liquidator failed to consider the petitioner's representation; the court directed the Liquidator to consider instituting appeals and placed a temporary bar on precipitative recovery or prosecution until the representation is decided or the appeal period expires.
Liability for non-remittance of TDS rests with those responsible for corporate affairs; petitioner may challenge assessment orders as based on the company's erroneous TDS declaration and is entitled to pursue the statutory appellate remedy under Section 260A of the Income Tax Act, which must be followed rather than seeking Article 226 review. The Official Liquidator failed to consider the petitioner's representation; the court directed the Liquidator to consider instituting appeals and placed a temporary bar on precipitative recovery or prosecution until the representation is decided or the appeal period expires.
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