Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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The High Court quashed the orders initiating proceedings u/s 130 of the GST Act against the petitioner for excess stock found during inspection/search u/s 67. It held that if excess stock is found, proceedings u/ss 73/74 of the GST Act should be initiated, not Section 130 read with Rule 120. The Court reiterated that the law is clear that Section 130 proceedings cannot be invoked if excess stock is found during survey. Consequently, the impugned orders passed by the appellate authorities were set aside as unsustainable in law.
The High Court quashed the orders initiating proceedings u/s 130 of the GST Act against the petitioner for excess stock found during inspection/search u/s 67. It held that if excess stock is found, proceedings u/ss 73/74 of the GST Act should be initiated, not Section 130 read with Rule 120. The Court reiterated that the law is clear that Section 130 proceedings cannot be invoked if excess stock is found during survey. Consequently, the impugned orders passed by the appellate authorities were set aside as unsustainable in law.
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