Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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FORM GST DRC-01 must itself disclose the proposed tax, interest and penalty, because Rule 142 requires service of the statutory summary notice in the prescribed form and the noticee's right under Section 74(8) depends on clear particulars to make payment within time. A penalty demand cannot be sustained solely on recitals in an annexed detailed notice where no separate statutory form is prescribed. Ambiguity in DRC-01 as to the proposed penalty was a procedural defect and a breach of natural justice, which vitiated confirmation of penalty in the adjudication order. The order was set aside, and the authority was permitted to issue a rectified notice and proceed afresh after giving opportunity to the taxpayer.
FORM GST DRC-01 must itself disclose the proposed tax, interest and penalty, because Rule 142 requires service of the statutory summary notice in the prescribed form and the noticee's right under Section 74(8) depends on clear particulars to make payment within time. A penalty demand cannot be sustained solely on recitals in an annexed detailed notice where no separate statutory form is prescribed. Ambiguity in DRC-01 as to the proposed penalty was a procedural defect and a breach of natural justice, which vitiated confirmation of penalty in the adjudication order. The order was set aside, and the authority was permitted to issue a rectified notice and proceed afresh after giving opportunity to the taxpayer.
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