Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The HC set aside the cancellation of the petitioner's registration, finding that the impugned order lacked application of mind and did not assign reasons, thereby violating principles of natural justice. The cancellation was not in accordance with the prescribed grounds under Section 29 of the GST Act. The petitioner's revocation application was wrongly rejected for non-submission of a reply to the show cause notice, and the subsequent appeal was dismissed without reasons. The court held that the doctrine of merger does not apply where the cancellation order is unreasoned. The limitation ground cited in rejecting the appeal was also found untenable. Consequently, the petition was allowed, reinstating the petitioner's registration.
The HC set aside the cancellation of the petitioner's registration, finding that the impugned order lacked application of mind and did not assign reasons, thereby violating principles of natural justice. The cancellation was not in accordance with the prescribed grounds under Section 29 of the GST Act. The petitioner's revocation application was wrongly rejected for non-submission of a reply to the show cause notice, and the subsequent appeal was dismissed without reasons. The court held that the doctrine of merger does not apply where the cancellation order is unreasoned. The limitation ground cited in rejecting the appeal was also found untenable. Consequently, the petition was allowed, reinstating the petitioner's registration.
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