Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Once an amalgamation scheme is approved, the amalgamating company ceases to exist in law, so proceedings continued in its name are without jurisdiction. The Court held that, after intimation of amalgamation and cancellation of registration, a show cause notice and adjudication order issued against the erstwhile entity are void. Section 87 of the CGST Act applies only to the limited intervening period it contemplates and does not authorise proceedings against a non-existent entity after amalgamation. Participation by the taxpayer and the availability of other lawful remedies did not cure the jurisdictional defect, and the GST order was quashed while other contentions were left open.
Once an amalgamation scheme is approved, the amalgamating company ceases to exist in law, so proceedings continued in its name are without jurisdiction. The Court held that, after intimation of amalgamation and cancellation of registration, a show cause notice and adjudication order issued against the erstwhile entity are void. Section 87 of the CGST Act applies only to the limited intervening period it contemplates and does not authorise proceedings against a non-existent entity after amalgamation. Participation by the taxpayer and the availability of other lawful remedies did not cure the jurisdictional defect, and the GST order was quashed while other contentions were left open.
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