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 allowed the petition by way of remand, finding the retrospective cancellation of the petitioner's GST registration procedurally infirm. The court held the Proper Officer issued a show-cause notice alleging registration obtained by fraud but then relied on additional grounds and evidentiary materials not disclosed or afforded to the petitioner, and failed to consider the petitioner's submitted response. Those omissions breached principles of natural justice and rendered the impugned cancellation and the rejection of the revocation application unsustainable. The matter is remitted to the Assistant Commissioner, Central GST & CX (Respondent No.4) to reopen and decide the petitioner's application for revocation afresh after giving the petitioner full opportunity to meet all grounds and evidence.
The HC allowed the petition by way of remand, finding the retrospective cancellation of the petitioner's GST registration procedurally infirm. The court held the Proper Officer issued a show-cause notice alleging registration obtained by fraud but then relied on additional grounds and evidentiary materials not disclosed or afforded to the petitioner, and failed to consider the petitioner's submitted response. Those omissions breached principles of natural justice and rendered the impugned cancellation and the rejection of the revocation application unsustainable. The matter is remitted to the Assistant Commissioner, Central GST & CX (Respondent No.4) to reopen and decide the petitioner's application for revocation afresh after giving the petitioner full opportunity to meet all grounds and evidence.
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