Working capital adjustment, comparable selection and trade receivables interest were revisited in transfer pricing, with key additions deleted and rem...
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The HC dismissed the petitions and upheld the impugned proceedings. It held that Section 6(1) CGST creates automatic cross-empowerment: officers appointed under State/UT GST Acts are deemed proper officers for CGST unless the Government, on Council recommendation, issues a notification imposing conditions. No separate notification is required to confer basic jurisdiction; notifications only operate to subject that empowerment to conditions. Intelligence-based enforcement proceedings (including issuance of SCNs by Central officers) may be initiated even where amount involved is below Rs.1 crore, whereas audit/scrutiny-based proceedings remain with the tax authority to which the assessee is assigned. The permissibility of "bunching" SCNs across years was left open for adjudication; petitions lacked merit.
The HC dismissed the petitions and upheld the impugned proceedings. It held that Section 6(1) CGST creates automatic cross-empowerment: officers appointed under State/UT GST Acts are deemed proper officers for CGST unless the Government, on Council recommendation, issues a notification imposing conditions. No separate notification is required to confer basic jurisdiction; notifications only operate to subject that empowerment to conditions. Intelligence-based enforcement proceedings (including issuance of SCNs by Central officers) may be initiated even where amount involved is below Rs.1 crore, whereas audit/scrutiny-based proceedings remain with the tax authority to which the assessee is assigned. The permissibility of "bunching" SCNs across years was left open for adjudication; petitions lacked merit.
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