International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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