Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
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HC ruled on the validity of a show cause notice (SCN) under GST law regarding time limitations. The Court examined Section 73(2) and 75 of GST Act, determining that statutory timelines for issuing SCNs are mandatory, not directory. Drawing parallels with precedent from arbitration law, HC emphasized taxpayer protections including right to notice, personal hearing, and adequate response time. The two-day delay in issuing SCN could not be condoned as the provision was deemed mandatory, not directory. Court held that violation of prescribed time period under Section 73(2) renders SCN void, protecting taxpayer's procedural rights. Petition challenging the delayed SCN was allowed, effectively invalidating the assessment proceedings.
HC ruled on the validity of a show cause notice (SCN) under GST law regarding time limitations. The Court examined Section 73(2) and 75 of GST Act, determining that statutory timelines for issuing SCNs are mandatory, not directory. Drawing parallels with precedent from arbitration law, HC emphasized taxpayer protections including right to notice, personal hearing, and adequate response time. The two-day delay in issuing SCN could not be condoned as the provision was deemed mandatory, not directory. Court held that violation of prescribed time period under Section 73(2) renders SCN void, protecting taxpayer's procedural rights. Petition challenging the delayed SCN was allowed, effectively invalidating the assessment proceedings.
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