Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
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