Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
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