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...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPAD when taxpayer fails to respond. Ex parte proceedings based solely on empty formalities create multiplicity of litigation and waste judicial resources. Since respondent had already recovered disputed tax from petitioner's bank account, no deposit conditions were imposed. Matter remanded to respondent for fresh consideration with proper service of notice. Petition allowed by way of remand.
HC set aside GST assessment order dated 27.08.2024 and Form GST DRC-07 for violating principles of natural justice. Petitioner challenged order claiming non-receipt of show cause notice uploaded only on GST Portal without personal service. Court held that mere portal upload constituted insufficient service, requiring exploration of alternative modes under Section 169(1) including RPAD when taxpayer fails to respond. Ex parte proceedings based solely on empty formalities create multiplicity of litigation and waste judicial resources. Since respondent had already recovered disputed tax from petitioner's bank account, no deposit conditions were imposed. Matter remanded to respondent for fresh consideration with proper service of notice. Petition allowed by way of remand.
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