Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
The High Court held that the language of Section 83(1) of the Central Goods and Services Tax Act, 2017 is mandatory and must be followed as it has penal consequences. The impugned order u/s 83(1) should indicate the reasons that weighed with the Commissioner to form an opinion for provisional attachment to protect government revenue interests. Passing an order without recording reasons violates natural justice principles. The matter was remitted to the Commissioner to record reasons in writing for forming such an opinion if deemed fit, failing which the impugned orders cannot be sustained. The petition was allowed by way of remand.
The High Court held that the language of Section 83(1) of the Central Goods and Services Tax Act, 2017 is mandatory and must be followed as it has penal consequences. The impugned order u/s 83(1) should indicate the reasons that weighed with the Commissioner to form an opinion for provisional attachment to protect government revenue interests. Passing an order without recording reasons violates natural justice principles. The matter was remitted to the Commissioner to record reasons in writing for forming such an opinion if deemed fit, failing which the impugned orders cannot be sustained. The petition was allowed by way of remand.
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