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...
Competent Authority's failure to record reasons for issuing a withholding certificate warranted corrective relief: the authority was required to assess and record prima facie nature of the transaction and address the taxpayer's contentions; in light of most payments already subjected to higher withholding and prima facie non-taxability, a directive was issued to grant a lower-rate withholding certificate for the relevant assessment year within a short timeframe, providing interim relief while preserving the Revenue's ability to conduct scrutiny assessment. The petition was partly allowed on that basis.
Competent Authority's failure to record reasons for issuing a withholding certificate warranted corrective relief: the authority was required to assess and record prima facie nature of the transaction and address the taxpayer's contentions; in light of most payments already subjected to higher withholding and prima facie non-taxability, a directive was issued to grant a lower-rate withholding certificate for the relevant assessment year within a short timeframe, providing interim relief while preserving the Revenue's ability to conduct scrutiny assessment. The petition was partly allowed on that basis.
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