The Telangana High Court ruled that issuing a fresh show cause notice after remand contravenes its earlier directives, setting aside the assessment under Section 74. This ruling emphasizes the integrity of judicial directions in tax proceedings.
Telangana HC Declares Fresh SCN After Remand Impermissible Under Section 74
The Telangana High Court has held that issuing a fresh show cause notice after the case has been remanded violates prior judicial directions. The court set aside the assessment made under Section 74, determining that compliance with its earlier orders is paramount to maintaining justice and procedural fairness.
This decision highlights the necessity for tax authorities to adhere strictly to judicial instructions and the corresponding legal standards when addressing compliance issues following a remand.
For practitioners, this ruling serves as a caution against the preparation of notices that contradict existing judicial mandates, reinforcing the need for adherence to procedural integrity in tax assessments and disputes.
Citations
- Telangana HC (2026) 1 ALT 300

