Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Committee of Creditors' commercial wisdom permits replacement of a resolution professional, who has no vested right to remain in office, provided statutory and procedural requirements are met; the replacement was upheld. The professional must nevertheless act independently and consistently with the Code and Regulations. Professional fees depend on work performed and the creditors' acceptance of the applicable scale, while CIRP-expense reimbursement requires factual examination; both claims remain for NCLT adjudication. Adverse observations bearing on the former professional's reputation were expunged as unnecessary.
Committee of Creditors' commercial wisdom permits replacement of a resolution professional, who has no vested right to remain in office, provided statutory and procedural requirements are met; the replacement was upheld. The professional must nevertheless act independently and consistently with the Code and Regulations. Professional fees depend on work performed and the creditors' acceptance of the applicable scale, while CIRP-expense reimbursement requires factual examination; both claims remain for NCLT adjudication. Adverse observations bearing on the former professional's reputation were expunged as unnecessary.
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