Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
GST Authorities invoked penal provisions under Indian Penal Code against the petitioner without invoking penal provisions of GST Act, despite the alleged offences being covered under GST Act. This was done without obtaining sanction u/s 132(6) of GST Act. The court held that GST Act is a special legislation dealing with GST-related procedures, penalties, and offences. Authorities cannot bypass the prescribed procedure for launching prosecution under GST Act by simply invoking IPC provisions without invoking GST Act provisions, especially when allegations constitute offences covered under GST Act. Doing so would amount to bypassing procedural safeguards like obtaining commissioner's sanction u/s 132(6), prejudicing the petitioner. Allowing authorities to adopt such a course would be an abuse of process of law, which cannot be permitted. Consequently, the petition was allowed, quashing the prosecution launched without following due process under GST Act.
GST Authorities invoked penal provisions under Indian Penal Code against the petitioner without invoking penal provisions of GST Act, despite the alleged offences being covered under GST Act. This was done without obtaining sanction u/s 132(6) of GST Act. The court held that GST Act is a special legislation dealing with GST-related procedures, penalties, and offences. Authorities cannot bypass the prescribed procedure for launching prosecution under GST Act by simply invoking IPC provisions without invoking GST Act provisions, especially when allegations constitute offences covered under GST Act. Doing so would amount to bypassing procedural safeguards like obtaining commissioner's sanction u/s 132(6), prejudicing the petitioner. Allowing authorities to adopt such a course would be an abuse of process of law, which cannot be permitted. Consequently, the petition was allowed, quashing the prosecution launched without following due process under GST Act.
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