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...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
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 HC held that issuance of separate SCNs under Sections 73 and 74 of the WBGST/CGST Act for the same period is valid, as Section 73 pertains to tax short paid without fraud, while Section 74 addresses fraud or wilful suppression. The petitioner's challenge to the SCN's vagueness was rejected, noting adequate particulars were provided per statutory requirements and the petitioner failed to appear or adequately contest. Regarding ITC claimed on B2B supplies in GSTR-3B, the Court ruled the petitioner cannot bypass the appellate remedy and invoke writ jurisdiction, as the demand in Form GST APL04 dated 27 December 2023 is final. Consequently, demands under points 1(I) and 3(M) of the SCN dated 13 May 2024 were quashed. The demand in DRC-07 dated 19 July 2024 was set aside, and the matter remanded for fresh demand issuance consistent with the Court's directions.
The HC held that issuance of separate SCNs under Sections 73 and 74 of the WBGST/CGST Act for the same period is valid, as Section 73 pertains to tax short paid without fraud, while Section 74 addresses fraud or wilful suppression. The petitioner's challenge to the SCN's vagueness was rejected, noting adequate particulars were provided per statutory requirements and the petitioner failed to appear or adequately contest. Regarding ITC claimed on B2B supplies in GSTR-3B, the Court ruled the petitioner cannot bypass the appellate remedy and invoke writ jurisdiction, as the demand in Form GST APL04 dated 27 December 2023 is final. Consequently, demands under points 1(I) and 3(M) of the SCN dated 13 May 2024 were quashed. The demand in DRC-07 dated 19 July 2024 was set aside, and the matter remanded for fresh demand issuance consistent with the Court's directions.
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