Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Non-service of demand orders and prolonged departmental inaction can negate a valid assumption that an assessee was duly served and in default under section 220(1). The Court found the Department's claim of service by e-mail unpersuasive because the record did not satisfactorily establish service, and the long lapse of time was inconsistent with the demands having remained uncontested if they had truly been received. The action under section 220 was quashed, while the assessee was left free to seek copies of the relevant documents and pursue objections, rectification or appeal, and the Department was permitted to proceed afresh in accordance with law.
Non-service of demand orders and prolonged departmental inaction can negate a valid assumption that an assessee was duly served and in default under section 220(1). The Court found the Department's claim of service by e-mail unpersuasive because the record did not satisfactorily establish service, and the long lapse of time was inconsistent with the demands having remained uncontested if they had truly been received. The action under section 220 was quashed, while the assessee was left free to seek copies of the relevant documents and pursue objections, rectification or appeal, and the Department was permitted to proceed afresh in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
