Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
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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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