Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceed...
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedin...
Unverified Insight Portal Information Cannot Justify Reassessment Without a Verified Taxpayer-Specific Income-Escape Nexus or Demonstrated Application...
Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
Section 74 of the HPGST Act requires a show cause notice to state the foundational facts showing that wrongful availment or utilisation of input tax credit resulted from fraud, wilful misstatement, or suppression of facts to evade tax. Bare, alternative recitals of those expressions, without identifying the taxpayer's precise conduct and linking it to the alleged default, do not meet that requirement. An ITC mismatch or short payment alone cannot justify Section 74 unless the notice records supporting reasons and facts. The High Court set aside the defective notice, permitted a fresh notice within 60 days without limitation bar, and kept the challenge to ITC provisions open.
Section 74 of the HPGST Act requires a show cause notice to state the foundational facts showing that wrongful availment or utilisation of input tax credit resulted from fraud, wilful misstatement, or suppression of facts to evade tax. Bare, alternative recitals of those expressions, without identifying the taxpayer's precise conduct and linking it to the alleged default, do not meet that requirement. An ITC mismatch or short payment alone cannot justify Section 74 unless the notice records supporting reasons and facts. The High Court set aside the defective notice, permitted a fresh notice within 60 days without limitation bar, and kept the challenge to ITC provisions open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
