Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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The High Court considered the legality of attachment proceedings u/s 83 of the Central GST Act, 2017 without serving notice u/s 74. The Court found that no notice u/s 74 was issued to the petitioner, leading to the locking of the petitioner's account and Electronic Credit Ledger, severely impacting the business. The Court emphasized that attachment should be a last resort and should follow search and seizure proceedings u/s 74. Since notice u/s 74 was not issued, the Court allowed the petition, revoked the attachment order, and ordered the release of the Electronic Credit Ledger. Petition was allowed.
The High Court considered the legality of attachment proceedings u/s 83 of the Central GST Act, 2017 without serving notice u/s 74. The Court found that no notice u/s 74 was issued to the petitioner, leading to the locking of the petitioner's account and Electronic Credit Ledger, severely impacting the business. The Court emphasized that attachment should be a last resort and should follow search and seizure proceedings u/s 74. Since notice u/s 74 was not issued, the Court allowed the petition, revoked the attachment order, and ordered the release of the Electronic Credit Ledger. Petition was allowed.
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