Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The HC set aside an ex-parte assessment order under Section 74 for lack of reasoning and violation of natural justice principles. The petitioner challenged the assessment arising from a typographical error in their return where a decimal point was inadvertently omitted. The impugned order merely recorded issuance of show cause notice DRC-01A and absence of reply on the online portal, leading to ex-parte proceedings. However, the order failed to establish requisite findings of fraud, willful misstatement, or suppression of facts necessary for invoking Section 74. The HC found the order unsustainable due to absence of detailed reasoning and remitted the matter to the proper officer for re-adjudication in accordance with law.
The HC set aside an ex-parte assessment order under Section 74 for lack of reasoning and violation of natural justice principles. The petitioner challenged the assessment arising from a typographical error in their return where a decimal point was inadvertently omitted. The impugned order merely recorded issuance of show cause notice DRC-01A and absence of reply on the online portal, leading to ex-parte proceedings. However, the order failed to establish requisite findings of fraud, willful misstatement, or suppression of facts necessary for invoking Section 74. The HC found the order unsustainable due to absence of detailed reasoning and remitted the matter to the proper officer for re-adjudication in accordance with law.
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