Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
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.
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