Separate speaking orders on reopening objections are mandatory; deciding them within reassessment invalidates jurisdiction and precludes revival of st...
Compulsorily convertible debentures remain debt before conversion, preventing transfer-pricing and interest-deduction disallowances on the stated fact...
Stock-in-trade transfer taxability follows possession and consideration, not later conveyance registration, limiting deemed-value provisions to the ac...
Input tax credit remains conditional on the supplier's payment of tax; the constitutional challenge to that condition and the request to read it down were rejected. A demand based on retrospective cancellation of supplier registrations must, however, establish the statutory elements of fraud, wilful misstatement or suppression to evade tax. General audit objections without supplier-wise invoices, cancellation dates, attributable credit, supporting material, or findings on the taxpayer's defence of genuine transactions and contemporaneous registrations do not provide the required factual and statutory foundation. The demand and consequential proceedings were set aside and remanded for fresh adjudication after notice and an effective hearing, without deciding the merits.
Input tax credit remains conditional on the supplier's payment of tax; the constitutional challenge to that condition and the request to read it down were rejected. A demand based on retrospective cancellation of supplier registrations must, however, establish the statutory elements of fraud, wilful misstatement or suppression to evade tax. General audit objections without supplier-wise invoices, cancellation dates, attributable credit, supporting material, or findings on the taxpayer's defence of genuine transactions and contemporaneous registrations do not provide the required factual and statutory foundation. The demand and consequential proceedings were set aside and remanded for fresh adjudication after notice and an effective hearing, without deciding the merits.
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