Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Writ jurisdiction under Article 226 was declined against a show cause notice and consequential order under section 74 of the CGST Act because an efficacious statutory appeal was available under section 107 read with Rule 109A. The Court held that challenges requiring examination of the corrigendum, the underlying material, and the nature of the correction involved factual appreciation and therefore did not fall within the limited certiorari jurisdiction. Mere disagreement with the adjudicating authority's conclusions was insufficient to bypass the appellate remedy. The Court also noted that recognised exceptional grounds such as breach of fundamental rights, natural justice violations, excess of jurisdiction, or challenge to vires were not made out on the material before it, and it expressed no opinion on the merits.
Writ jurisdiction under Article 226 was declined against a show cause notice and consequential order under section 74 of the CGST Act because an efficacious statutory appeal was available under section 107 read with Rule 109A. The Court held that challenges requiring examination of the corrigendum, the underlying material, and the nature of the correction involved factual appreciation and therefore did not fall within the limited certiorari jurisdiction. Mere disagreement with the adjudicating authority's conclusions was insufficient to bypass the appellate remedy. The Court also noted that recognised exceptional grounds such as breach of fundamental rights, natural justice violations, excess of jurisdiction, or challenge to vires were not made out on the material before it, and it expressed no opinion on the merits.
Note: It is a system-generated summary and is for quick reference only.