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...
The HC quashed orders dated 26.03.2024 and 30.05.2024 passed by the respondent-Department that reversed/negatived petitioner's Input Tax Credit claim. The court held that while the ITC claim was barred by limitation under Section 16(4) of the CGST Act, 2017, it fell within the prescribed period under Section 16(5) of the same Act. Consequently, the respondent-Department was restrained from initiating any proceedings against the petitioners based on the impugned orders concerning the limitation issue. The petitioner successfully relied on precedent from another case to support their position. The writ petition was allowed in favor of the petitioner.
The HC quashed orders dated 26.03.2024 and 30.05.2024 passed by the respondent-Department that reversed/negatived petitioner's Input Tax Credit claim. The court held that while the ITC claim was barred by limitation under Section 16(4) of the CGST Act, 2017, it fell within the prescribed period under Section 16(5) of the same Act. Consequently, the respondent-Department was restrained from initiating any proceedings against the petitioners based on the impugned orders concerning the limitation issue. The petitioner successfully relied on precedent from another case to support their position. The writ petition was allowed in favor of the petitioner.
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