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 dated 22-01-2025 concerning allegations of facilitating evasion of GST by partner hotels, concluding that the matter requires further adjudication after affording procedural fairness. The court found that Respondent No.1 must grant the Petitioner an opportunity of hearing based on all supplementary documents the Petitioner furnished, and remitted the matter for reconsideration consistent with principles of natural justice and statutory scheme under GST law. In consequence, the writ petition is disposed of without adjudication on merits, leaving open Respondent No.1's regulatory and adjudicatory pathway to determine contravention of GST provisions after hearing the Petitioner.
The HC set aside the impugned order dated 22-01-2025 concerning allegations of facilitating evasion of GST by partner hotels, concluding that the matter requires further adjudication after affording procedural fairness. The court found that Respondent No.1 must grant the Petitioner an opportunity of hearing based on all supplementary documents the Petitioner furnished, and remitted the matter for reconsideration consistent with principles of natural justice and statutory scheme under GST law. In consequence, the writ petition is disposed of without adjudication on merits, leaving open Respondent No.1's regulatory and adjudicatory pathway to determine contravention of GST provisions after hearing the Petitioner.
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