Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Section 144C(13) imposes an imperative one month deadline to complete assessments in conformity with Dispute Resolution Panel directions; failure to pass a final order within that period renders the assessing authority functus officio and deprives it of jurisdiction, so a draft assessment order and any notice of demand issued with it do not create an enforceable tax liability. Internal technical or administrative glitches cannot extend the statutory limitation or validate a defective process. Consequently the demand and penalty notices for the relevant year lacked legal foundation, the return is to be treated as accepted, and any adjusted refund must be returned with interest while enforcement is restrained.
Section 144C(13) imposes an imperative one month deadline to complete assessments in conformity with Dispute Resolution Panel directions; failure to pass a final order within that period renders the assessing authority functus officio and deprives it of jurisdiction, so a draft assessment order and any notice of demand issued with it do not create an enforceable tax liability. Internal technical or administrative glitches cannot extend the statutory limitation or validate a defective process. Consequently the demand and penalty notices for the relevant year lacked legal foundation, the return is to be treated as accepted, and any adjusted refund must be returned with interest while enforcement is restrained.
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