Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Availability of a statutory appeal against an Order-in-Original required the writ challenge to be pursued before the appellate authority. The objection that parallel Central and State GST proceedings concerned the same subject matter required factual examination of their scope, allegations, transactions, liabilities and evidentiary foundations. That inquiry, together with challenges to the demand and evidentiary findings, was left for appellate consideration. The writ petition was dismissed, while all contentions on jurisdiction, parallel proceedings and the demand remained open in appeal.
Availability of a statutory appeal against an Order-in-Original required the writ challenge to be pursued before the appellate authority. The objection that parallel Central and State GST proceedings concerned the same subject matter required factual examination of their scope, allegations, transactions, liabilities and evidentiary foundations. That inquiry, together with challenges to the demand and evidentiary findings, was left for appellate consideration. The writ petition was dismissed, while all contentions on jurisdiction, parallel proceedings and the demand remained open in appeal.
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