Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
Preliminary reassessment proceedings generally require statutory remedies unless jurisdiction is wholly absent or mandatory conditions are patently br...
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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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