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 High Court dismissed the writ petition challenging the show cause notice issued for wrongful availment of input tax credit by the petitioners. The Court held that the show cause notice u/s 74 of the CGST/WBGST Acts is merely initiation of adjudication and does not warrant judicial interference unless issued wholly without jurisdiction or ex-facie perverse. Relying on Supreme Court's decision in Mohd. Ghulam Ghouse case, the Court ruled that writ jurisdiction can be invoked only when the notice lacks jurisdiction, and interim relief cannot be granted bypassing the statutory adjudication mechanism. The Court found no jurisdictional error or procedural impropriety in issuing the notice and emphasized that procedural grievances can be effectively addressed during adjudication u/s 74(9). The statutory framework provides sufficient opportunity for taxpayers to raise defenses, and premature judicial intervention is impermissible.
The High Court dismissed the writ petition challenging the show cause notice issued for wrongful availment of input tax credit by the petitioners. The Court held that the show cause notice u/s 74 of the CGST/WBGST Acts is merely initiation of adjudication and does not warrant judicial interference unless issued wholly without jurisdiction or ex-facie perverse. Relying on Supreme Court's decision in Mohd. Ghulam Ghouse case, the Court ruled that writ jurisdiction can be invoked only when the notice lacks jurisdiction, and interim relief cannot be granted bypassing the statutory adjudication mechanism. The Court found no jurisdictional error or procedural impropriety in issuing the notice and emphasized that procedural grievances can be effectively addressed during adjudication u/s 74(9). The statutory framework provides sufficient opportunity for taxpayers to raise defenses, and premature judicial intervention is impermissible.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
