Revenue neutrality in domestic related-party loans can require deletion of interest transfer pricing adjustments after domestic-transaction verificati...
Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
Customs valuation and classification require comparable evidence and assessment of imported goods in their actual condition, invalidating related pena...
HC held that the appellate authority's suo motu restoration of an IGST demand, previously dropped by the adjudicating authority, was unsustainable under the statutory scheme and Section 75(7); the appellate body could not lawfully revive the demand without issuing a fresh show-cause notice as contemplated by the second proviso to Section 107(11). Because the outer limitation for issuing a fresh show-cause has expired, the petitioner cannot be saddled with a new liability and the impugned demand is set aside. The respondents are directed to revise the demand in FORM GST APL-04 in accordance with this order and, insofar as discrepancy No. 4 engages Section 16(5), to grant the petitioner any entitled benefit. Petition disposed.
HC held that the appellate authority's suo motu restoration of an IGST demand, previously dropped by the adjudicating authority, was unsustainable under the statutory scheme and Section 75(7); the appellate body could not lawfully revive the demand without issuing a fresh show-cause notice as contemplated by the second proviso to Section 107(11). Because the outer limitation for issuing a fresh show-cause has expired, the petitioner cannot be saddled with a new liability and the impugned demand is set aside. The respondents are directed to revise the demand in FORM GST APL-04 in accordance with this order and, insofar as discrepancy No. 4 engages Section 16(5), to grant the petitioner any entitled benefit. Petition disposed.
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