Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Service of the intimation under Section 143(1) is mandatory before a tax demand can be enforced, and a refund cannot be adjusted against a demand that is not shown to exist and have been served. The department produced only portal screenshots and no copy of the intimation or proof of service, so the alleged demand was treated as unenforceable. On that basis, the High Court quashed the impugned demand and the consequential interest, and held that adjustment of the later-year refund against that demand was impermissible.
Service of the intimation under Section 143(1) is mandatory before a tax demand can be enforced, and a refund cannot be adjusted against a demand that is not shown to exist and have been served. The department produced only portal screenshots and no copy of the intimation or proof of service, so the alleged demand was treated as unenforceable. On that basis, the High Court quashed the impugned demand and the consequential interest, and held that adjustment of the later-year refund against that demand was impermissible.
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