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...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
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Prior intimation under the first proviso to section 143(1)(a) is mandatory before making a proposed adjustment to deny a claimed concessional tax rate under section 115BAB. Where the CPC disallowed the concessional rate and applied the normal rate without first issuing intimation and considering the assessee's response, the adjustment was treated as invalid in law. The Tribunal also noted that, because the statutory time limit for issuing a fresh intimation had expired for the relevant assessment year, no liberty could be granted to restart the processing. The consequential intimation, rectification order, and appellate order were set aside.
Prior intimation under the first proviso to section 143(1)(a) is mandatory before making a proposed adjustment to deny a claimed concessional tax rate under section 115BAB. Where the CPC disallowed the concessional rate and applied the normal rate without first issuing intimation and considering the assessee's response, the adjustment was treated as invalid in law. The Tribunal also noted that, because the statutory time limit for issuing a fresh intimation had expired for the relevant assessment year, no liberty could be granted to restart the processing. The consequential intimation, rectification order, and appellate order were set aside.
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