Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The HC held that, although the TVAT Act, 2004 prescribes no express limitation for issuance of show cause notices under s.77, such power must be exercised within a reasonable period. Issuance of SCNs in 2023 for alleged violations between 2013-2018, triggered only after the petitioner sought refund of its security deposit, was found to be inordinate, arbitrary, and actuated by mala fides. The HC ruled that the prolonged, unexplained delay rendered the proceedings without jurisdiction and violative of Arts. 14 and 265 of the Constitution, as an assessee cannot be subjected to an indefinite threat of penalty. Consequently, the impugned SCNs and penalty orders were quashed, and the petition was allowed in favour of the transporter.
The HC held that, although the TVAT Act, 2004 prescribes no express limitation for issuance of show cause notices under s.77, such power must be exercised within a reasonable period. Issuance of SCNs in 2023 for alleged violations between 2013-2018, triggered only after the petitioner sought refund of its security deposit, was found to be inordinate, arbitrary, and actuated by mala fides. The HC ruled that the prolonged, unexplained delay rendered the proceedings without jurisdiction and violative of Arts. 14 and 265 of the Constitution, as an assessee cannot be subjected to an indefinite threat of penalty. Consequently, the impugned SCNs and penalty orders were quashed, and the petition was allowed in favour of the transporter.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
