Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
The High Court quashed the Commissioner's order for provisional attachment u/s 83(1) of the Central Goods and Services Tax Act, 2017 due to lack of reasons recorded. The statutory provision mandates the Commissioner to pass a reasoned order indicating the grounds for forming an opinion that provisional attachment is necessary to protect government revenue. Absence of recorded reasons renders the impugned order unsustainable. The matter was remanded to the Commissioner to record reasons afresh if deemed fit, as the reasoned order embodying the opinion is subject to judicial scrutiny. The Court emphasized the statutory requirement of a reasoned order to uphold principles of fair administration.
The High Court quashed the Commissioner's order for provisional attachment u/s 83(1) of the Central Goods and Services Tax Act, 2017 due to lack of reasons recorded. The statutory provision mandates the Commissioner to pass a reasoned order indicating the grounds for forming an opinion that provisional attachment is necessary to protect government revenue. Absence of recorded reasons renders the impugned order unsustainable. The matter was remanded to the Commissioner to record reasons afresh if deemed fit, as the reasoned order embodying the opinion is subject to judicial scrutiny. The Court emphasized the statutory requirement of a reasoned order to uphold principles of fair administration.
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