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...
Writ jurisdiction was refused in GST adjudication because the controversy was amenable to the statutory appeal. The High Court held that proceedings under sections 73 and 74 of the CGST Act operate in distinct fields, so exoneration under section 73 did not bar action under section 74 on the material before the authorities. It also held that appraisal and reappraisal of evidence, including consideration of additional evidence, lay within the appellate process. The need to make a statutory pre-deposit was not a sufficient ground to bypass the appeal, and the petitioner was left to pursue that remedy on merits.
Writ jurisdiction was refused in GST adjudication because the controversy was amenable to the statutory appeal. The High Court held that proceedings under sections 73 and 74 of the CGST Act operate in distinct fields, so exoneration under section 73 did not bar action under section 74 on the material before the authorities. It also held that appraisal and reappraisal of evidence, including consideration of additional evidence, lay within the appellate process. The need to make a statutory pre-deposit was not a sufficient ground to bypass the appeal, and the petitioner was left to pursue that remedy on merits.
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