Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
A writ petition challenging an order-in-original and recovery proceedings was not entertained because the petitioner had an available statutory appellate remedy with a prescribed limitation period and limited condonation, but failed to use it in time. The High Court held that Article 226 cannot ordinarily be invoked to bypass the statutory machinery where the party has disabled itself from pursuing the appellate remedy by its own default. Relying on Supreme Court authority, the Court declined writ jurisdiction and dismissed the petition after finding that the permissible appellate period had already expired.
A writ petition challenging an order-in-original and recovery proceedings was not entertained because the petitioner had an available statutory appellate remedy with a prescribed limitation period and limited condonation, but failed to use it in time. The High Court held that Article 226 cannot ordinarily be invoked to bypass the statutory machinery where the party has disabled itself from pursuing the appellate remedy by its own default. Relying on Supreme Court authority, the Court declined writ jurisdiction and dismissed the petition after finding that the permissible appellate period had already expired.
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