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    September 29, 2026   Case Laws Income Tax
    Natural justice in transfer pricing requires personal hearings and reasoned consideration of written objections before determinations are made.
    September 29, 2026   Case Laws GST
    Project-level anti-profiteering methodology treats actual post-GST ITC gains as buyer benefits, including consequential GST and interest.
    September 29, 2026   Case Laws GST
    Effective GST personal hearings require reply time to expire first; premature scheduling invalidates adjudication and requires fresh proceedings.
    September 29, 2026   Case Laws GST
    Statutory stay on GST recovery requires review of claimed appellate deposits and refund or recredit of excess recovery.
    September 29, 2026   Case Laws GST
    GST adjudication limits: demands and penalties cannot exceed the show-cause notice, requiring fresh adjudication when statutory limits are breached.
    September 29, 2026   Case Laws GST
    Fresh GST adjudication follows claimed tax discharge and overlapping demands, conditional on payment of previously assessed interest and penalties.
    September 29, 2026   Case Laws GST
    Expired e-way bills alone cannot support detention and penalty where invoices, verification and absence of tax evasion show compliance.
    September 29, 2026   Case Laws GST
    Mandatory employee canteens: recoveries avoid GST, while input tax credit is limited to the employer-borne cost.
    September 29, 2026   Case Laws Income Tax
    Clean-slate corporate sales prevent reassessment for extinguished liabilities, while section 148A orders cannot add unnotified allegations.
    September 29, 2026   Case Laws Income Tax
    Good faith and due diligence under Explanation 7 protect transfer pricing positions involving debatable TNMM application differences.
    September 29, 2026   Case Laws Income Tax
    Audit-report timing: Form 10B filed within an extended return deadline preserves charitable-trust exemption despite rejected condonation.
    September 29, 2026   Case Laws Income Tax
    Beneficial ownership of State funds excludes interest taxation, while project-transfer signature bonuses remain business revenue receipts.
    September 29, 2026   Case Laws Income Tax
    Parallel reassessment on identical search-assessment additions was quashed because it would directly affect pending tax appeals.
    September 29, 2026   Case Laws Income Tax
    SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are exa...
    September 29, 2026   Case Laws Income Tax
    Specificity in search-penalty notices is essential: failure to state the applicable charge and rate invalidates the proceedings.
    September 29, 2026   Case Laws Income Tax
    Inadequate TDS inquiry into commission expenditure can justify revision where material discrepancies remain unexplained after generic verification.
    September 29, 2026   Case Laws Income Tax
    Ad Hoc Disallowance of Livestock Purchases Fails Without Identified Defects or Evidence of Non-Genuine Transactions.
    September 29, 2026   Case Laws Income Tax
    Section 69A Addition: Income included in taxable income but omitted from return schedule, alongside appeal-limitation exclusion.
    September 29, 2026   Case Laws Income Tax
    Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
    September 29, 2026   Case Laws Income Tax
    Reassessment limitation excludes the section 148A(b) response period, while political donation deductions require proof beyond banking records.
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September 29, 2026   Case Laws Income Tax
Natural justice in transfer pricing requires personal hearings and reasoned consideration of written objections before determinations are made.
September 29, 2026   Case Laws GST
Project-level anti-profiteering methodology treats actual post-GST ITC gains as buyer benefits, including consequential GST and interest.
September 29, 2026   Case Laws GST
Effective GST personal hearings require reply time to expire first; premature scheduling invalidates adjudication and requires fresh proceedings.
September 29, 2026   Case Laws GST
Statutory stay on GST recovery requires review of claimed appellate deposits and refund or recredit of excess recovery.
September 29, 2026   Case Laws GST
GST adjudication limits: demands and penalties cannot exceed the show-cause notice, requiring fresh adjudication when statutory limits are breached.
September 29, 2026   Case Laws GST
Fresh GST adjudication follows claimed tax discharge and overlapping demands, conditional on payment of previously assessed interest and penalties.
September 29, 2026   Case Laws GST
Expired e-way bills alone cannot support detention and penalty where invoices, verification and absence of tax evasion show compliance.
September 29, 2026   Case Laws GST
Mandatory employee canteens: recoveries avoid GST, while input tax credit is limited to the employer-borne cost.
September 29, 2026   Case Laws Income Tax
Clean-slate corporate sales prevent reassessment for extinguished liabilities, while section 148A orders cannot add unnotified allegations.
September 29, 2026   Case Laws Income Tax
Good faith and due diligence under Explanation 7 protect transfer pricing positions involving debatable TNMM application differences.
September 29, 2026   Case Laws Income Tax
Audit-report timing: Form 10B filed within an extended return deadline preserves charitable-trust exemption despite rejected condonation.
September 29, 2026   Case Laws Income Tax
Beneficial ownership of State funds excludes interest taxation, while project-transfer signature bonuses remain business revenue receipts.
September 29, 2026   Case Laws Income Tax
Parallel reassessment on identical search-assessment additions was quashed because it would directly affect pending tax appeals.
September 29, 2026   Case Laws Income Tax
SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are examined.
September 29, 2026   Case Laws Income Tax
Specificity in search-penalty notices is essential: failure to state the applicable charge and rate invalidates the proceedings.
September 29, 2026   Case Laws Income Tax
Inadequate TDS inquiry into commission expenditure can justify revision where material discrepancies remain unexplained after generic verification.
September 29, 2026   Case Laws Income Tax
Ad Hoc Disallowance of Livestock Purchases Fails Without Identified Defects or Evidence of Non-Genuine Transactions.
September 29, 2026   Case Laws Income Tax
Section 69A Addition: Income included in taxable income but omitted from return schedule, alongside appeal-limitation exclusion.
September 29, 2026   Case Laws Income Tax
Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreements.
September 29, 2026   Case Laws Income Tax
Reassessment limitation excludes the section 148A(b) response period, while political donation deductions require proof beyond banking records.

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Home › Highlights › GST › 2025 › March, 2025 › This
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HC quashed GST assessment order dated 22.04.2024 for violation...

GST Assessment Order Nullified Due to Denial of Personal Hearing Under Section 75(4), Matter Remanded for Fresh Consideration

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GST March 5, 2025 Case Laws HC
HC quashed GST assessment order dated 22.04.2024 for violation of natural justice principles under Section 75(4) of GST Act, 2017. Despite petitioner filing two detailed replies (25.01.2024 and 14.03.2024) to Form GST DRC-01 notice, respondent authority passed final order without granting mandatory personal hearing. The scheduling of hearing dates (03.01.2024 and 11.03.2024) prior to reply submission deadlines (25.01.2024 and 14.03.2024 respectively) was procedurally improper. Matter remanded back to respondent authority for fresh consideration after providing proper hearing opportunity to petitioner in accordance with statutory provisions.
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Acts Income Tax
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