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...
The HC disposed of a writ application challenging an ex-parte assessment order for violation of natural justice principles covering the period 01.10.2018 to 31.03.2019. Following precedent established in a coordinate bench decision, the court directed that upon payment of ten percent of the disputed tax amount, the petitioner would be entitled to stay of recovery until GST Tribunals are constituted and an appeal is filed within the prescribed timeframe. Both parties agreed that the substantive issues could be agitated before the Tribunal once established. The court noted that while pre-deposit requirements had been reduced to ten percent, this reduction was only effective from 01.11.2024, and GST Tribunals remained unconstituted with no possibility of filing appeals before that date. The application was disposed of accordingly.
The HC disposed of a writ application challenging an ex-parte assessment order for violation of natural justice principles covering the period 01.10.2018 to 31.03.2019. Following precedent established in a coordinate bench decision, the court directed that upon payment of ten percent of the disputed tax amount, the petitioner would be entitled to stay of recovery until GST Tribunals are constituted and an appeal is filed within the prescribed timeframe. Both parties agreed that the substantive issues could be agitated before the Tribunal once established. The court noted that while pre-deposit requirements had been reduced to ten percent, this reduction was only effective from 01.11.2024, and GST Tribunals remained unconstituted with no possibility of filing appeals before that date. The application was disposed of accordingly.
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