Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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Validity of summons issued u/s 70 - Proper officer - The High court examined Section 6(2)(b) of the CGST Act and determined that its scope differed from that of Section 70. While Section 6(2)(b) deals with the initiation of proceedings on a subject matter, Section 70 empowers the issuance of summons for inquiry purposes. The court held that the two provisions should not be conflated, and the power to issue summons under Section 70 was not barred by Section 6(2)(b). Consequently, the court dismissed the petitioner's writ petition, ruling it to be devoid of merit.
Validity of summons issued u/s 70 - Proper officer - The High court examined Section 6(2)(b) of the CGST Act and determined that its scope differed from that of Section 70. While Section 6(2)(b) deals with the initiation of proceedings on a subject matter, Section 70 empowers the issuance of summons for inquiry purposes. The court held that the two provisions should not be conflated, and the power to issue summons under Section 70 was not barred by Section 6(2)(b). Consequently, the court dismissed the petitioner's writ petition, ruling it to be devoid of merit.
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