ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
The HC allowed the petition, holding that principles of natural justice were violated because the petitioner did not receive notices sent to an email that landed in the junk folder, resulting in an ex parte order. Accepting the petitioner's assertion of bona fide inability and sufficient cause to file replies, the court set aside the impugned order dated 13.03.2024 issued by respondent No.3 under Section 73(9) read with Sections 73(10), 50, 122(2)(a) of the KGST Act and corresponding provisions in the CGST Act and IGST Act. The matter is remitted to respondent No.3 for fresh consideration in accordance with law from the stage of the petitioner submitting a reply to the show-cause notice dated 26.12.2023.
The HC allowed the petition, holding that principles of natural justice were violated because the petitioner did not receive notices sent to an email that landed in the junk folder, resulting in an ex parte order. Accepting the petitioner's assertion of bona fide inability and sufficient cause to file replies, the court set aside the impugned order dated 13.03.2024 issued by respondent No.3 under Section 73(9) read with Sections 73(10), 50, 122(2)(a) of the KGST Act and corresponding provisions in the CGST Act and IGST Act. The matter is remitted to respondent No.3 for fresh consideration in accordance with law from the stage of the petitioner submitting a reply to the show-cause notice dated 26.12.2023.
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