The Supreme Court ruled that limitation under Section 263 must be calculated from the original assessment order where the issue revised was not part of reassessment proceedings. The Court held that reassessment does not reopen the entire assessment for all purposes.
The Supreme Court ruled that limitation for revisional proceedings under Section 263 must be counted from the original assessment order where the issues are unrelated to reassessment proceedings. The Court dismissed the Revenue’s appeal as the revision order was held time-barred.
The Supreme Court held that written statements filed after expiry of the mandatory 120-day period under the amended CPC cannot be taken on record in commercial suits. The ruling emphasizes strict compliance with timelines introduced by the Commercial Courts Act.
The Supreme Court refused to interfere with the Bombay High Court ruling that transfer of MIDC leasehold rights amounts to transfer of benefits arising from immovable property and is not liable to GST. The judgment also held that such assignment is not a supply of services under the CGST Act.
The Supreme Court refused to interfere with the Kerala High Court judgment holding that challenges to GST adjudication proceedings should ordinarily be pursued through the statutory appeal mechanism.
The Supreme Court held that allegations that GPAs were executed only as loan security failed because the appellant produced no proof of loan repayment, interest payment or discharge of debt. The burden initially remained on the person alleging fraud and sham transactions.
The Supreme Court held that self-assessment introduced under the amended Customs Act qualifies as an assessment order under Section 2(2). Importers seeking refund must first challenge such assessment through statutory remedies before filing refund claims.
The Supreme Court held that once final GST assessment orders had been passed, the assessee must pursue the statutory appellate remedy under Section 107 of the GST Act. The Court allowed the issue of missing seized files to be raised before the appellate authority.
The Supreme Court upheld the finding that rejection of books and addition for suppressed production were invalid where the Assessing Officer relied only on estimated yield comparisons. The ruling reiterates that tax assessments require tangible supporting material.
The Supreme Court dismissed the Special Leave Petition challenging pay stepping-up relief granted to senior employees. The ruling left intact the Rajasthan High Court and CAT orders directing removal of salary anomalies between seniors and juniors.
