Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
HC held that the statutory mandate of personal hearing under Section 75(4) could not be displaced by the petitioner's earlier indication in Form GST DRC-06 declining such hearing. Once an adverse order was proposed, the authority was required to grant a further opportunity of hearing before final adjudication. As no hearing was afforded, the order was vitiated by breach of natural justice and was set aside without examining the merits of the demand. The matter was remanded for fresh decision after giving the required opportunity of hearing within the time fixed by the Court.
HC held that the statutory mandate of personal hearing under Section 75(4) could not be displaced by the petitioner's earlier indication in Form GST DRC-06 declining such hearing. Once an adverse order was proposed, the authority was required to grant a further opportunity of hearing before final adjudication. As no hearing was afforded, the order was vitiated by breach of natural justice and was set aside without examining the merits of the demand. The matter was remanded for fresh decision after giving the required opportunity of hearing within the time fixed by the Court.
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