Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
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The HC set aside the impugned order due to non-application of mind and violation of natural justice, finding that the adjudicating authority merely replicated the Service Tax notice without independently considering the Petitioner's detailed submissions or relevant precedents. The order failed to address the applicability of the Board Circular or explain the rejection of cited case law, contravening the requirements under Sections 73(9) and 75(6) of the CGST Act, which mandate reasoned decisions based on due consideration of representations. Consequently, the matter was remanded for a fresh adjudication within three months, ensuring proper evaluation and reasoned determination in compliance with statutory provisions.
The HC set aside the impugned order due to non-application of mind and violation of natural justice, finding that the adjudicating authority merely replicated the Service Tax notice without independently considering the Petitioner's detailed submissions or relevant precedents. The order failed to address the applicability of the Board Circular or explain the rejection of cited case law, contravening the requirements under Sections 73(9) and 75(6) of the CGST Act, which mandate reasoned decisions based on due consideration of representations. Consequently, the matter was remanded for a fresh adjudication within three months, ensuring proper evaluation and reasoned determination in compliance with statutory provisions.
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