Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Challenge concerns validity of service where notices/orders were uploaded under an inaccessible portal tab, preventing the taxpayer from responding and leading to an ex parte assessment under Section 73. The tribunal found that electronic upload in an inaccessible category did not satisfy principles of natural justice because the affected person was not given a realistic opportunity to be heard; consequent rejection of a rectification application was without reasons and vitiated. The impugned rectification rejection was quashed and the matter remitted for reconsideration, directing fresh, reasoned disposal of the rectification plea and consideration of records and explanations with opportunity to the taxpayer.
Challenge concerns validity of service where notices/orders were uploaded under an inaccessible portal tab, preventing the taxpayer from responding and leading to an ex parte assessment under Section 73. The tribunal found that electronic upload in an inaccessible category did not satisfy principles of natural justice because the affected person was not given a realistic opportunity to be heard; consequent rejection of a rectification application was without reasons and vitiated. The impugned rectification rejection was quashed and the matter remitted for reconsideration, directing fresh, reasoned disposal of the rectification plea and consideration of records and explanations with opportunity to the taxpayer.
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