Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Going-concern liquidation sale commences from the liquidation order where that order incorporates the creditors' committee recommendation and directs the Liquidator to first pursue that sale mode. Auction notices and an Asset Sale Process Document are subsequent implementation measures, not events that initiate liquidation. A saving clause must be read within the statutory liquidation scheme, and amendments to liquidation regulations operate prospectively unless expressly made retrospective; they cannot displace rights and obligations crystallised under the prior regime. The period for endeavouring a going-concern sale is directory and may be extended, particularly where judicial restraint prevented issuance of an auction notice. Rejection of the Liquidator's request for extension and permission to complete the sale was set aside for further action according to law.
Going-concern liquidation sale commences from the liquidation order where that order incorporates the creditors' committee recommendation and directs the Liquidator to first pursue that sale mode. Auction notices and an Asset Sale Process Document are subsequent implementation measures, not events that initiate liquidation. A saving clause must be read within the statutory liquidation scheme, and amendments to liquidation regulations operate prospectively unless expressly made retrospective; they cannot displace rights and obligations crystallised under the prior regime. The period for endeavouring a going-concern sale is directory and may be extended, particularly where judicial restraint prevented issuance of an auction notice. Rejection of the Liquidator's request for extension and permission to complete the sale was set aside for further action according to law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4908 
