International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
A High Court held that confiscation proceedings under Section 130 read with Section 122 of the Act, 2017 cannot be initiated merely for an alleged violation of Section 35 without prior determination of tax liability under Sections 73 or 74. Because the show cause notice was issued without satisfying that jurisdictional requirement, it was held to be without jurisdiction. Interference at the notice stage was therefore justified, and the show cause notice and consequential confiscation order were quashed, with liberty to the department to proceed afresh in accordance with law.
A High Court held that confiscation proceedings under Section 130 read with Section 122 of the Act, 2017 cannot be initiated merely for an alleged violation of Section 35 without prior determination of tax liability under Sections 73 or 74. Because the show cause notice was issued without satisfying that jurisdictional requirement, it was held to be without jurisdiction. Interference at the notice stage was therefore justified, and the show cause notice and consequential confiscation order were quashed, with liberty to the department to proceed afresh in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4813 
Join Channel 
