Separate speaking orders on reopening objections are mandatory; deciding them within reassessment invalidates jurisdiction and precludes revival of st...
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Voluntary payments by a partnership firm towards an outstanding tax demand of one partner were not treated as forced recovery merely because the firm's bank account had been attached. The firm did not establish that the Department had been notified of its change from proprietorship to partnership before payment. Claims arising from payment of a partner's liability constituted inter se disputes among partners and did not demonstrate illegality, error, or arbitrariness in the Department's action. The refund claim was denied and the writ petition dismissed.
Voluntary payments by a partnership firm towards an outstanding tax demand of one partner were not treated as forced recovery merely because the firm's bank account had been attached. The firm did not establish that the Department had been notified of its change from proprietorship to partnership before payment. Claims arising from payment of a partner's liability constituted inter se disputes among partners and did not demonstrate illegality, error, or arbitrariness in the Department's action. The refund claim was denied and the writ petition dismissed.
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