Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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Impleading of the Jurisdictional Commissioner as another respondent alongwith Commissioner (Adjudication) - The Tribunal examined Rule 12 of the CESTAT Procedure Rules, 1982, which states who may be joined as respondents. It was clarified that the Principal Commissioner or Commissioner concerned should be impleaded as the respondent. The Tribunal interpreted the term "concerned" to mean the Commissionerate issuing the show cause notice, making the Principal Commissioner or Commissioner of that Commissionerate the relevant party to the case. - The Tribunal found that there was no restriction on impleading more than one respondent in appeals filed, especially in cases involving multiple jurisdictions.
Impleading of the Jurisdictional Commissioner as another respondent alongwith Commissioner (Adjudication) - The Tribunal examined Rule 12 of the CESTAT Procedure Rules, 1982, which states who may be joined as respondents. It was clarified that the Principal Commissioner or Commissioner concerned should be impleaded as the respondent. The Tribunal interpreted the term "concerned" to mean the Commissionerate issuing the show cause notice, making the Principal Commissioner or Commissioner of that Commissionerate the relevant party to the case. - The Tribunal found that there was no restriction on impleading more than one respondent in appeals filed, especially in cases involving multiple jurisdictions.
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