Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The Tribunal held that the limitation challenge could be decided despite pendency before the Supreme Court because the assessees relied on an unstayed precedent. Reading sections 144C and 153 together, it rejected the Revenue's contention that limitation for a final assessment order under section 144C(13) must be tested only under section 144C. Applying the Roca Bathroom Products line of reasoning, it found the impugned final assessment orders for the relevant assessment years were passed beyond the permissible period and therefore barred by limitation. The orders were quashed, and the remaining grounds were left open.
The Tribunal held that the limitation challenge could be decided despite pendency before the Supreme Court because the assessees relied on an unstayed precedent. Reading sections 144C and 153 together, it rejected the Revenue's contention that limitation for a final assessment order under section 144C(13) must be tested only under section 144C. Applying the Roca Bathroom Products line of reasoning, it found the impugned final assessment orders for the relevant assessment years were passed beyond the permissible period and therefore barred by limitation. The orders were quashed, and the remaining grounds were left open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
