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...
HC held that a rectification order under Section 154(7) cannot be passed after four years from the end of the financial year in which the original order was made. As the original order was dated February 25, 2015, the limitation expired on March 31, 2019, but the rectification order was issued on March 25, 2022; it was therefore time-barred and a jurisdictional error. The Court also noted that the Department had not shown service of prior notice under Section 154(3), and accepted the objection that the order lacked a Document Identification Number. The writ petition was allowed and the rectification order, together with consequential recovery proceedings, was set aside.
HC held that a rectification order under Section 154(7) cannot be passed after four years from the end of the financial year in which the original order was made. As the original order was dated February 25, 2015, the limitation expired on March 31, 2019, but the rectification order was issued on March 25, 2022; it was therefore time-barred and a jurisdictional error. The Court also noted that the Department had not shown service of prior notice under Section 154(3), and accepted the objection that the order lacked a Document Identification Number. The writ petition was allowed and the rectification order, together with consequential recovery proceedings, was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
