Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
TNMM comparability using audited accounts and working-capital adjustments can eliminate unwarranted transfer-pricing additions where verified margins ...
Gross-profit additions on disputed purchases require reasoned appellate determination; disclosed claims alone do not support inaccurate-particulars pe...
Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document...
Jurisdiction to issue SCN - Ocean Freight - contention of the petitioner is to the effect that, what has been sought to be invoked the Notification No. 8/2017-Integrated Tax (Rate) dated 28/6/2017 in issuing the show cause notice which itself has been struck down by the Division Bench of Gujarat High Court - The petitioner argued that the notice lacked jurisdiction due to the invalidity of the notification. The High Court upheld the petitioner's arguments, emphasizing the illegality of applying an ultra vires notification and the lack of jurisdiction in the show cause notice. It also reaffirmed the interpretation of GST laws established in previous judgments, supporting the petitioner's case. Overall, the court ruled in favor of the petitioner, setting aside the show cause notice and allowing for a refund of taxes paid under protest.
Jurisdiction to issue SCN - Ocean Freight - contention of the petitioner is to the effect that, what has been sought to be invoked the Notification No. 8/2017-Integrated Tax (Rate) dated 28/6/2017 in issuing the show cause notice which itself has been struck down by the Division Bench of Gujarat High Court - The petitioner argued that the notice lacked jurisdiction due to the invalidity of the notification. The High Court upheld the petitioner's arguments, emphasizing the illegality of applying an ultra vires notification and the lack of jurisdiction in the show cause notice. It also reaffirmed the interpretation of GST laws established in previous judgments, supporting the petitioner's case. Overall, the court ruled in favor of the petitioner, setting aside the show cause notice and allowing for a refund of taxes paid under protest.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
