Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
Note: It is a system-generated summary and is for quick reference only.