Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Fair opportunity to a non-party affected by insolvency proceedings requires consideration of its pending intervention application before final adjudication of the Section 7 company petition. The application under Section 60(5) alleged collusive initiation of insolvency proceedings and asserted potential effects on the applicant's rights and property. In the stated circumstances, judicial fairness required the Tribunal to determine that application first because no compelling urgency justified finalising the insolvency petition while it remained pending. The Tribunal was directed to decide the application within three months, if not already decided, and thereafter determine the insolvency petition on merits.
Fair opportunity to a non-party affected by insolvency proceedings requires consideration of its pending intervention application before final adjudication of the Section 7 company petition. The application under Section 60(5) alleged collusive initiation of insolvency proceedings and asserted potential effects on the applicant's rights and property. In the stated circumstances, judicial fairness required the Tribunal to determine that application first because no compelling urgency justified finalising the insolvency petition while it remained pending. The Tribunal was directed to decide the application within three months, if not already decided, and thereafter determine the insolvency petition on merits.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
