Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
GST proceedings initiated against an amalgamating company after the scheme of merger took effect were void ab initio because the entity had ceased to exist in law. The Court held that once the merger was intimated to the GST authorities, a show-cause notice and any consequential order could not validly be issued against the non-existent company, as this was a jurisdictional defect. Section 87 of the CGST Act was confined to the interregnum between the effective date of amalgamation and the date of the order, and did not authorise proceedings against a dissolved entity after merger. The impugned order was therefore unsustainable and the petition was allowed.
GST proceedings initiated against an amalgamating company after the scheme of merger took effect were void ab initio because the entity had ceased to exist in law. The Court held that once the merger was intimated to the GST authorities, a show-cause notice and any consequential order could not validly be issued against the non-existent company, as this was a jurisdictional defect. Section 87 of the CGST Act was confined to the interregnum between the effective date of amalgamation and the date of the order, and did not authorise proceedings against a dissolved entity after merger. The impugned order was therefore unsustainable and the petition was allowed.
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