Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
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Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The SC held that under Section 129(3) of the CGST Act, the proper officer is mandatorily required to pass a reasoned final order after issuing a show cause notice, even if tax and penalty have been paid under protest. The deemed conclusion of proceedings under Section 129(5) does not dispense with this requirement nor imply waiver of the right to challenge the levy. The absence of a formal adjudication order deprives the taxpayer of the statutory right to appeal under Section 107. Payment under protest coupled with filed objections necessitates a speaking order to ensure procedural fairness and compliance with natural justice. The HC's refusal to direct the passing of such an order was set aside. The SC directed respondent authorities to pass a reasoned final order in Form GST MOV-09, grant an opportunity of hearing, and upload a summary in Form GST DRC-07 within one month, thereby restoring the appellant's right to appeal. The appeal was allowed.
The SC held that under Section 129(3) of the CGST Act, the proper officer is mandatorily required to pass a reasoned final order after issuing a show cause notice, even if tax and penalty have been paid under protest. The deemed conclusion of proceedings under Section 129(5) does not dispense with this requirement nor imply waiver of the right to challenge the levy. The absence of a formal adjudication order deprives the taxpayer of the statutory right to appeal under Section 107. Payment under protest coupled with filed objections necessitates a speaking order to ensure procedural fairness and compliance with natural justice. The HC's refusal to direct the passing of such an order was set aside. The SC directed respondent authorities to pass a reasoned final order in Form GST MOV-09, grant an opportunity of hearing, and upload a summary in Form GST DRC-07 within one month, thereby restoring the appellant's right to appeal. The appeal was allowed.
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