Transfer pricing comparability under TNMM: foreign exchange loss on ECB excluded from operating cost, and a functionally dissimilar comparator removed...
Fake AI-generated precedents vitiate adjudication, with unverified citations contaminating the decision-making process and undermining the rule of law...
The HC held that the impugned order dated 09.06.2023 was cryptic, non-speaking, and passed without application of mind, violating the principles of natural justice by denying the petitioners a mandatory personal hearing as required under Section 75(4) of the MPGST Act. This procedural lapse constituted an apparent error of law, vitiating the proceedings. Consequently, the HC quashed the impugned order and remanded the matter to the authority for a de novo decision after affording the petitioners the opportunity of personal hearing. The petitions were allowed on this basis.
The HC held that the impugned order dated 09.06.2023 was cryptic, non-speaking, and passed without application of mind, violating the principles of natural justice by denying the petitioners a mandatory personal hearing as required under Section 75(4) of the MPGST Act. This procedural lapse constituted an apparent error of law, vitiating the proceedings. Consequently, the HC quashed the impugned order and remanded the matter to the authority for a de novo decision after affording the petitioners the opportunity of personal hearing. The petitions were allowed on this basis.
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