Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Challenge to a demand order for alleged fraudulent availment of ITC was rejected as the noticee failed to reply to the show cause notice despite being aware of the investigation, and personal hearing intimations sent to the registered email were held duly served, rendering the non-service plea false. Issuance of a consolidated show cause notice covering multiple financial years was held permissible, as analysis across "periods" can be necessary to establish a pattern of fraud. On adjudicatory jurisdiction, it was held that in multi-noticee matters jurisdiction lies with the commissionerate linked to the highest proposed demand, consistent with the relevant circular. Writ jurisdiction was declined given disputed facts and availability of statutory appeal; the petition was dismissed with exemplary costs. - HC
Challenge to a demand order for alleged fraudulent availment of ITC was rejected as the noticee failed to reply to the show cause notice despite being aware of the investigation, and personal hearing intimations sent to the registered email were held duly served, rendering the non-service plea false. Issuance of a consolidated show cause notice covering multiple financial years was held permissible, as analysis across "periods" can be necessary to establish a pattern of fraud. On adjudicatory jurisdiction, it was held that in multi-noticee matters jurisdiction lies with the commissionerate linked to the highest proposed demand, consistent with the relevant circular. Writ jurisdiction was declined given disputed facts and availability of statutory appeal; the petition was dismissed with exemplary costs. - HC
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