Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
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The HC partially allowed the petitioner's writ petition challenging the refund rejection order for export goods. The court found that the Joint Commissioner of State Tax exercised quasi-judicial functions improperly by considering extraneous materials while rejecting the refund. The original order dated 05.12.2023 was treated as a show-cause notice, directing the petitioner to submit explanatory documents within eight weeks. The Joint Commissioner was mandated to pass a detailed speaking order addressing the petitioner's contentions and adhering to Supreme Court principles of natural justice. The appellate authority's order was set aside, and the refund rejection order was converted into a fresh show-cause notice for reconsideration.
The HC partially allowed the petitioner's writ petition challenging the refund rejection order for export goods. The court found that the Joint Commissioner of State Tax exercised quasi-judicial functions improperly by considering extraneous materials while rejecting the refund. The original order dated 05.12.2023 was treated as a show-cause notice, directing the petitioner to submit explanatory documents within eight weeks. The Joint Commissioner was mandated to pass a detailed speaking order addressing the petitioner's contentions and adhering to Supreme Court principles of natural justice. The appellate authority's order was set aside, and the refund rejection order was converted into a fresh show-cause notice for reconsideration.
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