Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
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A High Court quashed a show cause notice for misapplying the CGST/KGST Act. It held that Section 52 could not be invoked where the e-commerce operator did not collect consideration and was not shown to be collecting tax on behalf of suppliers; the notice also wrongly treated a separate affiliated entity's services as the petitioner's own. Section 17(2) was held inapplicable because the notice did not establish any mixed use for taxable and exempt supplies or any exempt supply attracting reversal of input tax credit. Section 74 could not be invoked without specific allegations of fraud, wilful misstatement or suppression with intent to evade tax. The writ was therefore maintainable and the notice was quashed.
A High Court quashed a show cause notice for misapplying the CGST/KGST Act. It held that Section 52 could not be invoked where the e-commerce operator did not collect consideration and was not shown to be collecting tax on behalf of suppliers; the notice also wrongly treated a separate affiliated entity's services as the petitioner's own. Section 17(2) was held inapplicable because the notice did not establish any mixed use for taxable and exempt supplies or any exempt supply attracting reversal of input tax credit. Section 74 could not be invoked without specific allegations of fraud, wilful misstatement or suppression with intent to evade tax. The writ was therefore maintainable and the notice was quashed.
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