Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
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