Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Vicarious criminal liability of directors under s. 276B requires material showing involvement in the company's day-to-day affairs. The Trial Court had discharged accused No. 6 on a common finding that there was no evidence of such involvement for accused Nos. 2 to 6, but that basis had already been set aside in earlier revision proceedings as to accused No. 2. The High Court held that the same common reasoning could not continue to sustain the discharge of accused No. 6, and set aside the discharge order. Liberty was reserved to the accused to establish before the Trial Court that no material exists showing participation in day-to-day management.
Vicarious criminal liability of directors under s. 276B requires material showing involvement in the company's day-to-day affairs. The Trial Court had discharged accused No. 6 on a common finding that there was no evidence of such involvement for accused Nos. 2 to 6, but that basis had already been set aside in earlier revision proceedings as to accused No. 2. The High Court held that the same common reasoning could not continue to sustain the discharge of accused No. 6, and set aside the discharge order. Liberty was reserved to the accused to establish before the Trial Court that no material exists showing participation in day-to-day management.
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