Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
The High Court declined to decide substantive merits of alleged fraudulent availment of input tax credit because an efficacious alternative remedy by statutory appeal under Section 107 and Rule 109A remained available and unexhausted, applying the principle that writ jurisdiction should not supplant the statutory appellate forum; petitioner was left free to pursue that remedy. The court also held, following Ambika Traders (SC), that notices under the assessment provisions may consolidate multiple financial years where the statute permits a notice 'for any period' or 'for such periods', and found no reason to quash the impugned proceedings; writ petition dismissed.
The High Court declined to decide substantive merits of alleged fraudulent availment of input tax credit because an efficacious alternative remedy by statutory appeal under Section 107 and Rule 109A remained available and unexhausted, applying the principle that writ jurisdiction should not supplant the statutory appellate forum; petitioner was left free to pursue that remedy. The court also held, following Ambika Traders (SC), that notices under the assessment provisions may consolidate multiple financial years where the statute permits a notice 'for any period' or 'for such periods', and found no reason to quash the impugned proceedings; writ petition dismissed.
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