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Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Extended limitation under Section 74 was treated as justified where the petitioner failed to fully respond to the written requisition, the DRC-01A intimation and the DRC-01 notices, which was treated as suppression of facts. The text further notes that, when the department proceeds on the petitioner's own records and detects non-payment, short payment, erroneous refund or wrongful ITC, Section 74 can be sustained. For two assessment years, the proceedings were said to be within limitation in any event, and even a mistaken Section 74 invocation could be recast under Section 73 through Section 75(2) if a proper reply is filed. Ex parte orders were remitted de novo on conditional compliance.
Extended limitation under Section 74 was treated as justified where the petitioner failed to fully respond to the written requisition, the DRC-01A intimation and the DRC-01 notices, which was treated as suppression of facts. The text further notes that, when the department proceeds on the petitioner's own records and detects non-payment, short payment, erroneous refund or wrongful ITC, Section 74 can be sustained. For two assessment years, the proceedings were said to be within limitation in any event, and even a mistaken Section 74 invocation could be recast under Section 73 through Section 75(2) if a proper reply is filed. Ex parte orders were remitted de novo on conditional compliance.
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