Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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HC quashed reassessment where the reopening was founded on a GST cancellation order that had already been reversed in appeal. The Court noted that the appellate GST order found no fraudulent ITC claim, no violation attracting adjudication, and no basis for the cancellation. The income-tax authority also failed to consider that appellate material, despite its direct relevance to the alleged escapement of income. With no independent material beyond the set-aside GST action, the initiation of reassessment was unwarranted. The order under Section 148A(3) and the consequential notice under Section 148 were set aside.
HC quashed reassessment where the reopening was founded on a GST cancellation order that had already been reversed in appeal. The Court noted that the appellate GST order found no fraudulent ITC claim, no violation attracting adjudication, and no basis for the cancellation. The income-tax authority also failed to consider that appellate material, despite its direct relevance to the alleged escapement of income. With no independent material beyond the set-aside GST action, the initiation of reassessment was unwarranted. The order under Section 148A(3) and the consequential notice under Section 148 were set aside.
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