Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
An application for waiver of interest and penalty under section 128A could not be rejected solely because input tax credit had been availed from non-existing taxpayers, cancelled dealers, or return defaulters. The High Court held that, since an assessment order had been issued and no appellate order existed, the application fell within clause (b) of section 128A(1) and related to a covered period. If the alleged ITC irregularity was the real basis, proceedings ought to have been initiated under section 74; the record showed they were initiated under section 73. The rejection was therefore unsustainable, the order was set aside, and the waiver application was remanded for fresh consideration.
An application for waiver of interest and penalty under section 128A could not be rejected solely because input tax credit had been availed from non-existing taxpayers, cancelled dealers, or return defaulters. The High Court held that, since an assessment order had been issued and no appellate order existed, the application fell within clause (b) of section 128A(1) and related to a covered period. If the alleged ITC irregularity was the real basis, proceedings ought to have been initiated under section 74; the record showed they were initiated under section 73. The rejection was therefore unsustainable, the order was set aside, and the waiver application was remanded for fresh consideration.
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