Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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