Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
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The HC dismissed a writ petition challenging an order passed under Section 74(1) of the CGST/KGST Act, 2017 for alleged willful suppression or fraud in tax payment. The petitioner contended that Section 74 was inapplicable as the mistake was rectified through returns and reconciliation statements before proceedings commenced, and argued that the show-cause notice failed to specify circumstances warranting Section 74 invocation. The HC held that since the impugned order was appealable under Section 107 of the CGST Act, the petitioner must exhaust statutory remedies before approaching the court in writ jurisdiction. The petition was disposed of without considering merits, directing the petitioner to pursue available statutory appellate remedies instead of seeking extraordinary writ relief.
The HC dismissed a writ petition challenging an order passed under Section 74(1) of the CGST/KGST Act, 2017 for alleged willful suppression or fraud in tax payment. The petitioner contended that Section 74 was inapplicable as the mistake was rectified through returns and reconciliation statements before proceedings commenced, and argued that the show-cause notice failed to specify circumstances warranting Section 74 invocation. The HC held that since the impugned order was appealable under Section 107 of the CGST Act, the petitioner must exhaust statutory remedies before approaching the court in writ jurisdiction. The petition was disposed of without considering merits, directing the petitioner to pursue available statutory appellate remedies instead of seeking extraordinary writ relief.
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