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Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The HC allowed the petition and quashed the impugned orders, holding the assessing authorities exceeded jurisdiction in initiating proceedings under Section 73. On review of original records the court found the petitioner to be a work-contractor awarded contracts by a state agency for the relevant assessment years, and that payments were effected after GST implementation; however, that temporal change did not confer jurisdiction on GST authorities to levy tax, interest or penalty for pre-GST transactions merely on a GSTR-3B/Form-26AS mismatch. The HC held the proper course was notification to the pre-GST assessing authority under the applicable indirect tax law, not initiation of Section 73 proceedings under the GST regime.
The HC allowed the petition and quashed the impugned orders, holding the assessing authorities exceeded jurisdiction in initiating proceedings under Section 73. On review of original records the court found the petitioner to be a work-contractor awarded contracts by a state agency for the relevant assessment years, and that payments were effected after GST implementation; however, that temporal change did not confer jurisdiction on GST authorities to levy tax, interest or penalty for pre-GST transactions merely on a GSTR-3B/Form-26AS mismatch. The HC held the proper course was notification to the pre-GST assessing authority under the applicable indirect tax law, not initiation of Section 73 proceedings under the GST regime.
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