Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The court found that the factual position was not in dispute. The authority made assessments for the financial years 2017-18 and 2018-19 based on an intelligence report. However, for the period from October 2017 to March 2018, the Adjudicating Authority passed an order after providing three opportunities to the petitioner, who did not participate in the proceedings. The petitioner's request letter to the authority to consider the matter cannot be construed as participation. The petitioner should have informed the authority about the overlapping amount, which the authority could have considered. The court held that the order passed by the Adjudicating Authority under Annexure-5 cannot be sustained in law and quashed it. The matter was remitted back to the Adjudicating Authority for rehearing and passing an appropriate order in accordance with law by giving an opportunity of hearing to the parties.
The court found that the factual position was not in dispute. The authority made assessments for the financial years 2017-18 and 2018-19 based on an intelligence report. However, for the period from October 2017 to March 2018, the Adjudicating Authority passed an order after providing three opportunities to the petitioner, who did not participate in the proceedings. The petitioner's request letter to the authority to consider the matter cannot be construed as participation. The petitioner should have informed the authority about the overlapping amount, which the authority could have considered. The court held that the order passed by the Adjudicating Authority under Annexure-5 cannot be sustained in law and quashed it. The matter was remitted back to the Adjudicating Authority for rehearing and passing an appropriate order in accordance with law by giving an opportunity of hearing to the parties.
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