Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Tax liability arising during CIRP was not extinguished by the approved resolution plan, because the plan showed awareness of pending tax compliances, the NCLT did not grant a blanket waiver of statutory dues, and reliefs were left to the appropriate forum. The Court held that the clean slate principle and the Supreme Court rulings in Essar Steel and Ghanashyam Mishra applied to pre-CIRP dues, not liabilities incurred during CIRP; the reassessment challenge therefore failed. On delayed return filing and carry forward of losses, the petitioner was required to seek condonation under the statutory mechanism, including CBDT action under section 119(2)(b), and could not obtain such relief in writ proceedings. The writ petition was dismissed.
Tax liability arising during CIRP was not extinguished by the approved resolution plan, because the plan showed awareness of pending tax compliances, the NCLT did not grant a blanket waiver of statutory dues, and reliefs were left to the appropriate forum. The Court held that the clean slate principle and the Supreme Court rulings in Essar Steel and Ghanashyam Mishra applied to pre-CIRP dues, not liabilities incurred during CIRP; the reassessment challenge therefore failed. On delayed return filing and carry forward of losses, the petitioner was required to seek condonation under the statutory mechanism, including CBDT action under section 119(2)(b), and could not obtain such relief in writ proceedings. The writ petition was dismissed.
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