Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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Where a statutory appeal is available, writ jurisdiction is ordinarily not entertained against a show cause notice or an adjudication order unless there is breach of natural justice, excess of jurisdiction, violation of fundamental rights, or a vires challenge. Here, the petitioner received the show cause notice, participated in the adjudication, and a speaking order was passed after hearing; the Court found no denial of natural justice. Objections to the consolidated notice and the adjudicating authority's competence were held to be matters for the appellate authority. The writ petition was therefore dismissed, and the petitioner was relegated to the statutory appeal under Section 107 against the Order-in-Original.
Where a statutory appeal is available, writ jurisdiction is ordinarily not entertained against a show cause notice or an adjudication order unless there is breach of natural justice, excess of jurisdiction, violation of fundamental rights, or a vires challenge. Here, the petitioner received the show cause notice, participated in the adjudication, and a speaking order was passed after hearing; the Court found no denial of natural justice. Objections to the consolidated notice and the adjudicating authority's competence were held to be matters for the appellate authority. The writ petition was therefore dismissed, and the petitioner was relegated to the statutory appeal under Section 107 against the Order-in-Original.
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