Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The HC allowed the writ petition, holding that the impugned assessment order violated Rule 142(1A) of the CGST Rules, 2017 and principles of natural justice by failing to serve a prior show-cause notice; the Court adhered to its consistent jurisprudence that non-issuance of the requisite notice vitiates the assessment process. The HC set aside Order-in-Original No.70/2024-25-GST dated 25.02.2025 and remanded the matter to the assessing authority for completion of assessment in accordance with law after issuance of the necessary notice. The period from the date of the impugned order until receipt of the HC order is excluded for limitation. Petition allowed by remand.
The HC allowed the writ petition, holding that the impugned assessment order violated Rule 142(1A) of the CGST Rules, 2017 and principles of natural justice by failing to serve a prior show-cause notice; the Court adhered to its consistent jurisprudence that non-issuance of the requisite notice vitiates the assessment process. The HC set aside Order-in-Original No.70/2024-25-GST dated 25.02.2025 and remanded the matter to the assessing authority for completion of assessment in accordance with law after issuance of the necessary notice. The period from the date of the impugned order until receipt of the HC order is excluded for limitation. Petition allowed by remand.
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