Consultancy fees claimed as business expense-can tax disallowance rest on survey suspicion despite invoices, contracts and bank trail? Appeal dismisse...
Limitation for filing appeal under Section 107 was held to commence only upon "communication" of the SCN/adjudication order, which requires actual or constructive service in strict compliance with Section 169, and not merely the existence of the order on electronic dispatch or upload. Since GSTN/revenue could not ascertain when the taxpayer retrieved/viewed/downloaded documents from the common portal, portal upload alone made the time of communication indeterminate; SMS alerts or unproven email alerts were insufficient to establish communication enabling an effective appeal. Electronic service modes under Section 169(1)(a)-(e) were upheld as valid without priority inter se, but service must be demonstrable. Adjudication orders were set aside subject to 10% pre-deposit within four weeks. - HC
Limitation for filing appeal under Section 107 was held to commence only upon "communication" of the SCN/adjudication order, which requires actual or constructive service in strict compliance with Section 169, and not merely the existence of the order on electronic dispatch or upload. Since GSTN/revenue could not ascertain when the taxpayer retrieved/viewed/downloaded documents from the common portal, portal upload alone made the time of communication indeterminate; SMS alerts or unproven email alerts were insufficient to establish communication enabling an effective appeal. Electronic service modes under Section 169(1)(a)-(e) were upheld as valid without priority inter se, but service must be demonstrable. Adjudication orders were set aside subject to 10% pre-deposit within four weeks. - HC
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