International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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