Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The HC dismissed the writ petition challenging the levy of GST on services rendered to foreign universities, holding that the petitioner's apprehension regarding prior findings by the Investigating Authority would not prejudice the Adjudicating Authority's independent adjudication under Section 74(9) of the CGST Act. The court emphasized the distinct roles of the Investigating Authority and the Quasi-Judicial Adjudicating Authority, noting that the latter must decide the show-cause notice based solely on material on record, unaffected by the former's opinions. The respondents confirmed that adjudication would be conducted by a Proper Officer of appropriate rank, with a corrigendum issued upon written request by the petitioner for adjudication by an Additional or Joint Commissioner. Consequently, no grounds for interference were found, and the petition was dismissed.
The HC dismissed the writ petition challenging the levy of GST on services rendered to foreign universities, holding that the petitioner's apprehension regarding prior findings by the Investigating Authority would not prejudice the Adjudicating Authority's independent adjudication under Section 74(9) of the CGST Act. The court emphasized the distinct roles of the Investigating Authority and the Quasi-Judicial Adjudicating Authority, noting that the latter must decide the show-cause notice based solely on material on record, unaffected by the former's opinions. The respondents confirmed that adjudication would be conducted by a Proper Officer of appropriate rank, with a corrigendum issued upon written request by the petitioner for adjudication by an Additional or Joint Commissioner. Consequently, no grounds for interference were found, and the petition was dismissed.
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