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...
Tax recovery and attachment cannot continue beyond the subsisting recoverable demand after appellate relief. The Court found that most demands underlying the tax recovery certificates had ceased to survive, and only the interest component relating to the quantum addition for A.Y. 2008-09 remained presently recoverable, while the penalty demand and interest thereon were stayed. The recovery certificates and attachments were therefore unsustainable except to the limited extent needed to protect the Revenue for the unstayed demand. Attachments over two properties were quashed, one property was allowed to remain attached, and the certificates were directed to be revised to reflect only the outstanding unstayed demand.
Tax recovery and attachment cannot continue beyond the subsisting recoverable demand after appellate relief. The Court found that most demands underlying the tax recovery certificates had ceased to survive, and only the interest component relating to the quantum addition for A.Y. 2008-09 remained presently recoverable, while the penalty demand and interest thereon were stayed. The recovery certificates and attachments were therefore unsustainable except to the limited extent needed to protect the Revenue for the unstayed demand. Attachments over two properties were quashed, one property was allowed to remain attached, and the certificates were directed to be revised to reflect only the outstanding unstayed demand.
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