Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
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The HC held that the impugned provisional attachment order dated 1 January 2025 is an appealable order under Section 107, CGST Act. The court recognised that consolidated show-cause notices spanning multiple periods may be interrogated to establish a pattern of fraudulent ITC availment via fictitious firms, and therefore allowed relief to the Petitioner for the period during which the writ petition remained pending. The Petitioner is permitted to institute the statutory appeal before the Commissioner (Appeals) subject to furnishing the prescribed pre-deposit. If the appeal is filed with the requisite pre-deposit by 15 December 2025, it shall not be dismissed on limitation grounds and shall be adjudicated on merits. Petition disposed.
The HC held that the impugned provisional attachment order dated 1 January 2025 is an appealable order under Section 107, CGST Act. The court recognised that consolidated show-cause notices spanning multiple periods may be interrogated to establish a pattern of fraudulent ITC availment via fictitious firms, and therefore allowed relief to the Petitioner for the period during which the writ petition remained pending. The Petitioner is permitted to institute the statutory appeal before the Commissioner (Appeals) subject to furnishing the prescribed pre-deposit. If the appeal is filed with the requisite pre-deposit by 15 December 2025, it shall not be dismissed on limitation grounds and shall be adjudicated on merits. Petition disposed.
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