Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Suomotu rectification under s.161 of the CGST/KGST Act was invoked to dismiss the anonymized petitioner's appeal and deny restoration of GST registration on the premise that there was no error apparent on the face of the record. The Court held that, given the petitioner's bona fide and sufficient cause for not replying to the show-cause notice, a justice-oriented approach warranted setting aside the rectification-based dismissal and remitting the matter to grant one further opportunity. In view of the non-constitution of the GST Appellate Tribunal, writ recourse was treated as the only efficacious remedy. Registration was directed to be reinstated within four weeks, conditional upon filing pending returns and payment of tax with applicable interest and penalty within that period - HC
Suomotu rectification under s.161 of the CGST/KGST Act was invoked to dismiss the anonymized petitioner's appeal and deny restoration of GST registration on the premise that there was no error apparent on the face of the record. The Court held that, given the petitioner's bona fide and sufficient cause for not replying to the show-cause notice, a justice-oriented approach warranted setting aside the rectification-based dismissal and remitting the matter to grant one further opportunity. In view of the non-constitution of the GST Appellate Tribunal, writ recourse was treated as the only efficacious remedy. Registration was directed to be reinstated within four weeks, conditional upon filing pending returns and payment of tax with applicable interest and penalty within that period - HC
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