Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Section 79 did not bar the set off of brought forward business losses where the persons beneficially holding more than 51% of the voting power continued to hold that voting power on the relevant date; on the uncontroverted facts, the disqualifying change in shareholding was absent and the Revenue's challenge failed. An appellate authority could also entertain a lawful additional depreciation claim raised through a revised computation, because the restriction in Goetze (India) Ltd. applies only to the Assessing Officer and does not limit appellate powers. The Tribunal upheld allowance of both claims and dismissed the Revenue's appeal.
Section 79 did not bar the set off of brought forward business losses where the persons beneficially holding more than 51% of the voting power continued to hold that voting power on the relevant date; on the uncontroverted facts, the disqualifying change in shareholding was absent and the Revenue's challenge failed. An appellate authority could also entertain a lawful additional depreciation claim raised through a revised computation, because the restriction in Goetze (India) Ltd. applies only to the Assessing Officer and does not limit appellate powers. The Tribunal upheld allowance of both claims and dismissed the Revenue's appeal.
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