Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
Sections 73 and 74 of the GST statute were omitted effective 01.04.2024, so Section 74A governs assessments from financial year 2024-2025; therefore actions premised on the omitted provisions lack jurisdiction. A show cause notice and assessment issued purporting to act under the old provision but referencing the new provision reflected non-application of mind and procedural confusion, causing prejudice to the taxpayer; consequently the High Court set aside the impugned assessment as passed without jurisdiction and remitted the matter for fresh adjudication, directing treatment of the assessment as a notice under the correct provision.
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