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    Input tax credit on purchases from a supplier later retrospectively cancelled was remitted for fresh consideration
    Personal hearing under GST: multiple opportunities satisfied Section 75(4), and no second hearing was required before adverse order.
    Separate show cause notices required for each taxation period; common notice clubbing multiple years was struck down.
    Natural justice breach keeps writ open despite alternative remedy in assessment challenge; demand, penalty, and assessment were quashed.
    Limitation for consequential tax orders can abate assessment and nullify penalty when no valid order is passed.
    Transfer pricing re-characterisation of preference shares as loans rejected; interest disallowance on sister concern advances failed.
    Reassessment barred by change of opinion where audit objection reused issues already examined in scrutiny assessment.
    Bogus purchase additions limited to embedded profit component where bills were accommodation entries; restriction upheld on identical facts
    Mandatory hearing in rectification barred ex parte withdrawal of relief and made the order void
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    Interest taxability on internal bank placements: payment-to-self receipts escaped tax, while bad-debt write-off and refund interest were addressed.
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    BOT road amortization must follow actual concession end date; debatable depreciation claim could not sustain penalty
    Section 80P deduction on bank-deposit interest follows when a co-operative credit society parks business funds temporarily.
    Customs supervision charges recoverable on Merchant Over Time basis when officers were used only part-day.
    Related-party import valuation: transaction value rejected, but Rule 8 revaluation largely failed under customs valuation rules
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    Quashing criminal mining and PMLA proceedings requires trial on disputed evidence, as laundering stands distinct.
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      Companies Law

      Validity of SCN proposing to declare the petitioners as wilful...

      Court Upholds Validity of Show-Cause Notice for Wilful Default, Separate from NPA Status; Affirms Petitioners' Response Rights.

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      Companies LawMarch 22, 2024Case LawsHC
      Validity of SCN proposing to declare the petitioners as wilful defaulters - Classification of Account as NPA - Impact of CIRP proceedings under IBC - The High Court held that NPA classification was deemed irrelevant to the determination of wilful default, and the Show-cause Notice was deemed valid. - The court ruled that the NPA classification was a separate issue from wilful default and that the petitioners' arguments regarding the classification's invalidity were not sustainable. - The court determined that the petitioners' legal rights were not infringed by the issuance of the Show-cause Notice, as they had the opportunity to respond to it. - The court found that the allegations in the Show-cause Notice provided sufficient grounds for declaring the petitioners as wilful defaulters, as per the Master Circular. - The court clarified that wilful defaulter proceedings were not subject to the moratorium imposed by Section 96 of the IBC.

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      ActsIncome Tax