Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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Validity of assessment order - absence of three-month gap - The petitioner's counsel argued for a three-month gap between the show cause notice and assessment order, emphasizing the need for a reasonable opportunity. However, the Government Advocate highlighted the petitioner's multiple opportunities to contest the tax demand. The High Court clarified that while Section 73(2) of the TNGST Act mandates a three-month notice, it does not require a three-month gap between the notice and assessment order. Despite the petitioner's non-participation in proceedings, the Court deemed it necessary to grant them an opportunity to be heard. Consequently, the assessment order was quashed, contingent upon the petitioner remitting 10% of the disputed tax demand within two weeks and submitting a reply to the show cause notice.
Validity of assessment order - absence of three-month gap - The petitioner's counsel argued for a three-month gap between the show cause notice and assessment order, emphasizing the need for a reasonable opportunity. However, the Government Advocate highlighted the petitioner's multiple opportunities to contest the tax demand. The High Court clarified that while Section 73(2) of the TNGST Act mandates a three-month notice, it does not require a three-month gap between the notice and assessment order. Despite the petitioner's non-participation in proceedings, the Court deemed it necessary to grant them an opportunity to be heard. Consequently, the assessment order was quashed, contingent upon the petitioner remitting 10% of the disputed tax demand within two weeks and submitting a reply to the show cause notice.
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