Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
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...
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The note addresses legal limits on cancelling a tax-exempt entity's registration under the post 2022 statutory scheme, holding that cancellation must target defects in the organisation's predominant activities rather than isolated financial transactions; breaches that divert benefit to specified persons give rise to assessment-stage consequences, not automatic cancellation; show cause notices must identify the exact statutory limb relied upon or proceedings are jurisdictionally vitiated; the cancellation regime is prospective and cannot be applied to pre enactment periods; and an assessing officer's transfer under assessment provisions does not confer independent registration cancellation power absent specific delegation.
The note addresses legal limits on cancelling a tax-exempt entity's registration under the post 2022 statutory scheme, holding that cancellation must target defects in the organisation's predominant activities rather than isolated financial transactions; breaches that divert benefit to specified persons give rise to assessment-stage consequences, not automatic cancellation; show cause notices must identify the exact statutory limb relied upon or proceedings are jurisdictionally vitiated; the cancellation regime is prospective and cannot be applied to pre enactment periods; and an assessing officer's transfer under assessment provisions does not confer independent registration cancellation power absent specific delegation.
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