Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
In a stay of demand matter, the HC held that the impugned order was defective because the authority fixed the amount payable and instalment schedule without discernible application of mind or a reasoned consideration of relevant factors. Referring to the CBDT stay guidelines, the Court required the stay application to be decided through a speaking order after hearing the taxpayer and considering the Supreme Court decision and the Circular. The stay order was set aside, the matter was remitted for fresh decision on merits, and recovery pursuant to the assessment order was kept in abeyance until reconsideration.
In a stay of demand matter, the HC held that the impugned order was defective because the authority fixed the amount payable and instalment schedule without discernible application of mind or a reasoned consideration of relevant factors. Referring to the CBDT stay guidelines, the Court required the stay application to be decided through a speaking order after hearing the taxpayer and considering the Supreme Court decision and the Circular. The stay order was set aside, the matter was remitted for fresh decision on merits, and recovery pursuant to the assessment order was kept in abeyance until reconsideration.
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