Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Non-consideration of an applicable departmental circular can vitiate tax adjudication where the circular governs the dispute. Here, the HC found that the adjudicating authority had not considered the Circular dated 27.12.2022 in an input tax credit discrepancy matter for the 2017-18 period. Treating that omission as sufficient to interfere, the Court set aside the adjudication order, summary order and consequential letter, and remitted the matter for fresh consideration in accordance with law, with liberty to the petitioner to place additional material.
Non-consideration of an applicable departmental circular can vitiate tax adjudication where the circular governs the dispute. Here, the HC found that the adjudicating authority had not considered the Circular dated 27.12.2022 in an input tax credit discrepancy matter for the 2017-18 period. Treating that omission as sufficient to interfere, the Court set aside the adjudication order, summary order and consequential letter, and remitted the matter for fresh consideration in accordance with law, with liberty to the petitioner to place additional material.
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