Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Validity of assessment order - time limitation - the exercise of power in terms of the proviso to Section 42(6) of the OVAT Act was, on the fact of the present case, an empty formality defeating the very purpose of requiring the audit assessment proceedings to be completed in a time bound manner. Section 42 (7) of the OVAT Act underscores the importance of completion of assessment proceedings in a time bound manner and limits the discretion of the CST in allowing the extension beyond the period of six months. This makes it even more important for the CST to have applied its mind to the facts of the case before mechanically granting extension. - HC
Validity of assessment order - time limitation - the exercise of power in terms of the proviso to Section 42(6) of the OVAT Act was, on the fact of the present case, an empty formality defeating the very purpose of requiring the audit assessment proceedings to be completed in a time bound manner. Section 42 (7) of the OVAT Act underscores the importance of completion of assessment proceedings in a time bound manner and limits the discretion of the CST in allowing the extension beyond the period of six months. This makes it even more important for the CST to have applied its mind to the facts of the case before mechanically granting extension. - HC
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