Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
GST demand alleging suppression of taxable value in bank guarantees should follow scrutiny and verification of self-assessment returns. The GST framework permits scrutiny, audit, special audit, inspection and investigation to identify possible revenue leakage; a Form GST DRC-01 notice should not be issued directly without first undertaking the relevant exercise. The demand order discussed was quashed and remitted for inspection or investigation and, if warranted, fresh determination of revenue leakage from guarantees issued to customers. The valuation and taxability issues concerning corporate guarantees were left open. Limitation exclusion was directed for the intervening period, and recovery remained in abeyance pending the statutory exercise.
GST demand alleging suppression of taxable value in bank guarantees should follow scrutiny and verification of self-assessment returns. The GST framework permits scrutiny, audit, special audit, inspection and investigation to identify possible revenue leakage; a Form GST DRC-01 notice should not be issued directly without first undertaking the relevant exercise. The demand order discussed was quashed and remitted for inspection or investigation and, if warranted, fresh determination of revenue leakage from guarantees issued to customers. The valuation and taxability issues concerning corporate guarantees were left open. Limitation exclusion was directed for the intervening period, and recovery remained in abeyance pending the statutory exercise.
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