Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Section 171 required the benefit of a GST rate reduction to be passed on through a corresponding price reduction, and the Tribunal found profiteering where cinema ticket prices were kept at the same cum-tax level by increasing the base price. It upheld the DGAP's computation, including GST in the profiteered amount because the excess collection itself was tax-inclusive and not lawfully due. The Tribunal also held that interest under Rule 133(3)(c) applied only prospectively from 28.06.2019, but declined penalty because the penal provision could not operate retrospectively for the relevant period. The profiteered amount was directed to be deposited in the Consumer Welfare Fund with interest from 28.06.2019.
Section 171 required the benefit of a GST rate reduction to be passed on through a corresponding price reduction, and the Tribunal found profiteering where cinema ticket prices were kept at the same cum-tax level by increasing the base price. It upheld the DGAP's computation, including GST in the profiteered amount because the excess collection itself was tax-inclusive and not lawfully due. The Tribunal also held that interest under Rule 133(3)(c) applied only prospectively from 28.06.2019, but declined penalty because the penal provision could not operate retrospectively for the relevant period. The profiteered amount was directed to be deposited in the Consumer Welfare Fund with interest from 28.06.2019.
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