Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
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