Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
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The HC held that the challenge to the summary order is not barred by limitation. The levy of penalty exceeding the limits prescribed under Section 122(1) of the CGST Act is a matter for appeal and not for writ jurisdiction, especially given the allegations of fraudulent Input Tax Credit availment. The Court referenced prior rulings involving related entities, affirming that writ relief is inappropriate in such cases. The impugned order being appealable under Section 107 of the CGST Act, the petitioners were permitted to file appeals before the Appellate Authority. Appeals filed by 15th July 2025 with the requisite pre-deposit shall not be dismissed on limitation grounds. The petition was accordingly disposed of.
The HC held that the challenge to the summary order is not barred by limitation. The levy of penalty exceeding the limits prescribed under Section 122(1) of the CGST Act is a matter for appeal and not for writ jurisdiction, especially given the allegations of fraudulent Input Tax Credit availment. The Court referenced prior rulings involving related entities, affirming that writ relief is inappropriate in such cases. The impugned order being appealable under Section 107 of the CGST Act, the petitioners were permitted to file appeals before the Appellate Authority. Appeals filed by 15th July 2025 with the requisite pre-deposit shall not be dismissed on limitation grounds. The petition was accordingly disposed of.
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