Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
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The ITAT Hyderabad held that the addition of bogus purchases based on information from the Investigation Wing was not justified. The burden of proof shifted to the AO once the assessee provided documents and payments for the purchases. The AO should have examined the entities involved and provided evidence if the invoices were not genuine. The Revenue failed to present positive evidence against the genuineness of the purchases. The Tribunal emphasized that accepted sales and taxes paid by the assessee made it difficult to argue against the genuineness of purchases. The Tribunal rejected the Revenue's argument and cited legal precedents supporting the assessee's case. The right to cross-examine is a fundamental aspect of natural justice, and failure to provide this opportunity violates principles of fair play. The Tribunal allowed the appeal of the assessee based on these considerations.
The ITAT Hyderabad held that the addition of bogus purchases based on information from the Investigation Wing was not justified. The burden of proof shifted to the AO once the assessee provided documents and payments for the purchases. The AO should have examined the entities involved and provided evidence if the invoices were not genuine. The Revenue failed to present positive evidence against the genuineness of the purchases. The Tribunal emphasized that accepted sales and taxes paid by the assessee made it difficult to argue against the genuineness of purchases. The Tribunal rejected the Revenue's argument and cited legal precedents supporting the assessee's case. The right to cross-examine is a fundamental aspect of natural justice, and failure to provide this opportunity violates principles of fair play. The Tribunal allowed the appeal of the assessee based on these considerations.
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