Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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Quashing of the penalty for undisclosed income removed the foundational finding of wilful tax evasion required to continue prosecution for an offence under section 276C(1)(i). Following a coordinate-bench ruling, the High Court treated the Tribunal's penalty order as effective because it had not been stayed; the Department's pending appeal did not justify continuation of criminal proceedings. The prosecution was quashed, while preserving the Department's liberty to seek revival and recall if the Tribunal's order is reversed in the pending appeal.
Quashing of the penalty for undisclosed income removed the foundational finding of wilful tax evasion required to continue prosecution for an offence under section 276C(1)(i). Following a coordinate-bench ruling, the High Court treated the Tribunal's penalty order as effective because it had not been stayed; the Department's pending appeal did not justify continuation of criminal proceedings. The prosecution was quashed, while preserving the Department's liberty to seek revival and recall if the Tribunal's order is reversed in the pending appeal.
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