Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
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.
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