Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
The High Court held that the Summary of Show Cause Notice along with the attachment containing tax determination cannot substitute a proper Show Cause Notice as mandated u/s 73 of the CGST/AGST Act, 2017. The impugned order was passed without issuing a proper Show Cause Notice, violating the principles of natural justice and Section 75(4) which requires granting an opportunity of hearing when requested. The court quashed the impugned order dated 31.12.2023 for being contrary to Sections 73 and 75(4), and Rule 142(1)(a). However, liberty was granted to the authorities to initiate de novo proceedings u/s 73 for the relevant financial year.
The High Court held that the Summary of Show Cause Notice along with the attachment containing tax determination cannot substitute a proper Show Cause Notice as mandated u/s 73 of the CGST/AGST Act, 2017. The impugned order was passed without issuing a proper Show Cause Notice, violating the principles of natural justice and Section 75(4) which requires granting an opportunity of hearing when requested. The court quashed the impugned order dated 31.12.2023 for being contrary to Sections 73 and 75(4), and Rule 142(1)(a). However, liberty was granted to the authorities to initiate de novo proceedings u/s 73 for the relevant financial year.
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