Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Filing a refund application within two years under Section 54 is a mandatory statutory limitation that bars the proper officer from entertaining belated claims; the absence of any provision to condone delay means the officer lacks jurisdiction except where the statute permits relief. Where the Act provides no remedy, a writ under Article 226 may be entertained to seek condonation of delay, subject to consideration of laches and bona fides. Any judicial condonation must be conditional: the taxpayer may obtain relief only if a corresponding extension is granted to enable the authorities to invoke and apply consequential remedial assessment provisions; on the facts delay was condoned.
Filing a refund application within two years under Section 54 is a mandatory statutory limitation that bars the proper officer from entertaining belated claims; the absence of any provision to condone delay means the officer lacks jurisdiction except where the statute permits relief. Where the Act provides no remedy, a writ under Article 226 may be entertained to seek condonation of delay, subject to consideration of laches and bona fides. Any judicial condonation must be conditional: the taxpayer may obtain relief only if a corresponding extension is granted to enable the authorities to invoke and apply consequential remedial assessment provisions; on the facts delay was condoned.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
