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    Special GST statute bars IPC prosecution for delayed TDS deposit; BNS cannot apply retrospectively to 2017-18 conduct
    GST portal service and alternative remedy: visible notices defeated natural justice objections, with factual disputes sent to appeal
    Premature adjudication in confiscation proceedings set aside; release and detention questions left open for final decision
    Legislative policy challenge to tax exemption scheme not entertained in writ jurisdiction; petitioner left to petitionary forums
    Faceless reassessment dispute: appeal revived, assessment stayed, and all grounds including limitation kept open during appeal.
    Scientifically estimated warranty provisions and disclosed security deposits cannot justify reassessment based on change of opinion.
    Reinsurance premium withholding tax dispute: remittances to non-resident reinsurers were not taxable in India, so no TDS arose.
    Mutuality and head office expenditure disputes led to remand and partial relief on branch tax deductions.
    Registered society taxation: maximum marginal rate rejected; income to be taxed at individual rates, TDS credit verified.
    Advance pricing agreement guidance curbs excessive royalty and technical fee transfer pricing adjustment in comparable transactions
    Reassessment jurisdiction upheld and notice service deemed under section 292BB after participation in proceedings despite prior scrutiny issue
    Stamp duty value addition fails where earlier agreement and prior cheque payments fix the purchase consideration.
    Rule 27 support and year-specific evidence defeated housing deduction disallowance for alleged allotment breach claims
    Section 153C limitation and third-party electronic records defeated reassessment where identity and cross-examination were lacking.
    Permanent establishment burden defeats taxation of offshore supply receipts where no India presence is established.
    Withholding tax on non-resident payments does not apply where services are rendered abroad and income is not taxable in India.
    Foreign tax credit cannot be denied for belated Form 67 filing; delay is only a procedural lapse.
    Turnover filter and receivables benchmarking in transfer pricing led to exclusion of comparables, remand, and recomputation.
    Allotment Date Determines Holding Period for Long-Term Capital Gain; Additional Evidence Treated as Admitted in Appeal
    Belated Form 10E filing cannot defeat substantive section 89 relief; verification required before denial by tax authorities
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      Absence of a Document Identification Number in the assessment...

      Absence of Document Identification Number invalidates assessment order; delayed writ entertained subject to partial tax deposit.

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      GSTMay 26, 2026Case LawsHC
      Absence of a Document Identification Number in the assessment order was treated as an inherent defect going to the validity of the order itself, and the High Court set it aside on that ground, following earlier decisions. The matter was remanded to the Assessing Officer for fresh consideration after granting the assessee an opportunity of hearing. On the delayed writ challenge, the Court did not finally decide the service dispute but accepted that practical difficulties in the GST portal regime and the patent irregularity in the order justified consideration of the petition, subject to deposit of 20% of the disputed tax, with adjustment of amounts already paid or recovered.

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      ActsIncome Tax