Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
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TaxTMI 
TaxTMI 
