Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC set aside the impugned order assessing GST on the supply of a corporate guarantee furnished by the petitioner to a related entity, finding the assessing officer failed to consider the petitioner's contention that no consideration was received and that applicable circulars applied. The court held non-consideration of a defense renders an administrative order vulnerable. The matter is remitted to the respondent for fresh adjudication; the respondent is directed to consider all contentions raised by the petitioner in its reply and to pass a fresh order on merits and in accordance with law. The petition is allowed by way of remand.
The HC set aside the impugned order assessing GST on the supply of a corporate guarantee furnished by the petitioner to a related entity, finding the assessing officer failed to consider the petitioner's contention that no consideration was received and that applicable circulars applied. The court held non-consideration of a defense renders an administrative order vulnerable. The matter is remitted to the respondent for fresh adjudication; the respondent is directed to consider all contentions raised by the petitioner in its reply and to pass a fresh order on merits and in accordance with law. The petition is allowed by way of remand.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
