Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Delayed non-deposit of deducted GST/TDS was held to fall within the U.P. GST Act, 2017, which operates as a complete code for assessment, penalty, prosecution and compounding. In the absence of independent allegations of dishonest misappropriation, forgery, cheating, siphoning or wrongful gain, recourse to general penal provisions was impermissible, and prosecution solely under B.N.S. was unsustainable. The Court also held that substantive penal law applies as on the date of occurrence, so B.N.S. 2023 could not govern an alleged 2017-18 default. The charge-sheet, cognizance order and consequential proceedings were quashed.
Delayed non-deposit of deducted GST/TDS was held to fall within the U.P. GST Act, 2017, which operates as a complete code for assessment, penalty, prosecution and compounding. In the absence of independent allegations of dishonest misappropriation, forgery, cheating, siphoning or wrongful gain, recourse to general penal provisions was impermissible, and prosecution solely under B.N.S. was unsustainable. The Court also held that substantive penal law applies as on the date of occurrence, so B.N.S. 2023 could not govern an alleged 2017-18 default. The charge-sheet, cognizance order and consequential proceedings were quashed.
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