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...
Assessment proceedings under the GST enactments must be confined to the relevant tax period, and a single composite show cause notice or composite assessment order for multiple assessment years is impermissible. Following prior High Court authority, the court held that the impugned DRC-01 notice and assessment order, both framed on a combined basis, were unsustainable; separate issuance of DRC-07 did not cure the defect. The composite assessment order was set aside, and the respondents were given liberty to initiate fresh year-wise proceedings. The period from the impugned order until receipt of the court's order was directed to be excluded for limitation purposes.
Assessment proceedings under the GST enactments must be confined to the relevant tax period, and a single composite show cause notice or composite assessment order for multiple assessment years is impermissible. Following prior High Court authority, the court held that the impugned DRC-01 notice and assessment order, both framed on a combined basis, were unsustainable; separate issuance of DRC-07 did not cure the defect. The composite assessment order was set aside, and the respondents were given liberty to initiate fresh year-wise proceedings. The period from the impugned order until receipt of the court's order was directed to be excluded for limitation purposes.
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