Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Availability of a statutory appellate remedy before the GST Appellate Tribunal requires a challenge to a GST penalty order to proceed through that forum once it becomes functional. A writ petition entertained solely because the appellate forum was non-functional need not continue after the Tribunal is operational. The petitioner may be relegated to the Tribunal with liberty to file an appeal within the stipulated period, and the Tribunal should not object to limitation for the period during which the writ petition was pursued. The appeal is to be decided in accordance with law after considering any interim order.
Availability of a statutory appellate remedy before the GST Appellate Tribunal requires a challenge to a GST penalty order to proceed through that forum once it becomes functional. A writ petition entertained solely because the appellate forum was non-functional need not continue after the Tribunal is operational. The petitioner may be relegated to the Tribunal with liberty to file an appeal within the stipulated period, and the Tribunal should not object to limitation for the period during which the writ petition was pursued. The appeal is to be decided in accordance with law after considering any interim order.
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