Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The case involved the invocation of Section 5 by the Petrol Taxation Officer (PTO) regarding Escaped Assessments and the requirement of Monthly vs. Annual Assessments. The High Court held that Section 5 empowers the PTO to determine tax or penalty recoverability based on correctness of returns filed by dealers. Rule 15 mandates dealers to submit monthly returns, subject to PTO verification. The absence of provisions for escaped assessments under the Act of 2005 led the Court to affirm that PTO actions are limited to filed returns. The Court also ruled that final monthly assessments preclude subsequent reassessments after three years. The Tribunal's reference was affirmed and disposed of accordingly.
The case involved the invocation of Section 5 by the Petrol Taxation Officer (PTO) regarding Escaped Assessments and the requirement of Monthly vs. Annual Assessments. The High Court held that Section 5 empowers the PTO to determine tax or penalty recoverability based on correctness of returns filed by dealers. Rule 15 mandates dealers to submit monthly returns, subject to PTO verification. The absence of provisions for escaped assessments under the Act of 2005 led the Court to affirm that PTO actions are limited to filed returns. The Court also ruled that final monthly assessments preclude subsequent reassessments after three years. The Tribunal's reference was affirmed and disposed of accordingly.
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