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Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
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...
Failure to furnish the return did not sustain criminal prosecution under section 276CC where the tax due was only Rs. 1,750 and the case fell within the proviso's monetary threshold. The HC held that the Department's objection, based on the assessee being a company and the absence of a completed regular assessment at the time of complaint, could not override the facts of the case. The later assessment order and pending penalty proceedings did not justify continuation of the prosecution. The criminal complaint for non-filing of return for the assessment year 2013-2014 was quashed.
Failure to furnish the return did not sustain criminal prosecution under section 276CC where the tax due was only Rs. 1,750 and the case fell within the proviso's monetary threshold. The HC held that the Department's objection, based on the assessee being a company and the absence of a completed regular assessment at the time of complaint, could not override the facts of the case. The later assessment order and pending penalty proceedings did not justify continuation of the prosecution. The criminal complaint for non-filing of return for the assessment year 2013-2014 was quashed.
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