Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The High Court held that the show cause notice (SCN) issued for cancellation of the petitioner's Goods and Services Tax (GST) registration was vague and violated principles of natural justice. The SCN did not specify the date or time for personal hearing, nor did it provide proper reasons for the proposed cancellation, such as details of the alleged fraud, willful misstatement, or suppression of facts. Additionally, the SCN proposed retrospective cancellation without mentioning the same. The court emphasized that the purpose of an SCN is to enable the noticee to respond to allegations, and denying this opportunity violates natural justice. Consequently, the impugned order canceling the petitioner's GST registration was set aside as unreasoned and in violation of natural justice principles. The respondents were directed to restore the petitioner's GST registration immediately, though fresh proceedings for statutory violations or recovery of dues were permitted.
The High Court held that the show cause notice (SCN) issued for cancellation of the petitioner's Goods and Services Tax (GST) registration was vague and violated principles of natural justice. The SCN did not specify the date or time for personal hearing, nor did it provide proper reasons for the proposed cancellation, such as details of the alleged fraud, willful misstatement, or suppression of facts. Additionally, the SCN proposed retrospective cancellation without mentioning the same. The court emphasized that the purpose of an SCN is to enable the noticee to respond to allegations, and denying this opportunity violates natural justice. Consequently, the impugned order canceling the petitioner's GST registration was set aside as unreasoned and in violation of natural justice principles. The respondents were directed to restore the petitioner's GST registration immediately, though fresh proceedings for statutory violations or recovery of dues were permitted.
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