Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Assessment proceedings and consequent demand and penalty notices issued in the name of an amalgamating/transferor company are void once a court-sanctioned scheme of amalgamation has taken effect because the transferor ceases to exist; continuing proceedings in the name of the dissolved entity therefore involve a jurisdictional error. The High Court applied the principle that proceedings must be in the name of the existing legal entity, relied on prior authoritative decisions (distinguishing contrary facts), and quashed the impugned notices and order while noting the Revenue may initiate fresh proceedings against the amalgamated company if legally entitled.
Assessment proceedings and consequent demand and penalty notices issued in the name of an amalgamating/transferor company are void once a court-sanctioned scheme of amalgamation has taken effect because the transferor ceases to exist; continuing proceedings in the name of the dissolved entity therefore involve a jurisdictional error. The High Court applied the principle that proceedings must be in the name of the existing legal entity, relied on prior authoritative decisions (distinguishing contrary facts), and quashed the impugned notices and order while noting the Revenue may initiate fresh proceedings against the amalgamated company if legally entitled.
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