Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
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The HC held that proceedings under s.74 of the UPGST/CGST Act were initiated against the petitioner following a survey that disclosed discrepancies, and an ex parte order fixed evaded sales and corresponding tax, interest and penalty without affording the petitioner a hearing on purchases, thereby violating principles of natural justice. The impugned order's fixation of evaded sales in excess of evaded purchases lacked reasoned justification and was arbitrary. Consequently, the HC quashed the impugned orders and remitted the matter for fresh consideration consistent with statutory mandate and audi alteram partem, directing reconsideration of determination of purchases, evaded turnover and resultant liabilities.
The HC held that proceedings under s.74 of the UPGST/CGST Act were initiated against the petitioner following a survey that disclosed discrepancies, and an ex parte order fixed evaded sales and corresponding tax, interest and penalty without affording the petitioner a hearing on purchases, thereby violating principles of natural justice. The impugned order's fixation of evaded sales in excess of evaded purchases lacked reasoned justification and was arbitrary. Consequently, the HC quashed the impugned orders and remitted the matter for fresh consideration consistent with statutory mandate and audi alteram partem, directing reconsideration of determination of purchases, evaded turnover and resultant liabilities.
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