Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Section 74 of the CGST Act requires evidence of fraud, willful misstatement or deliberate suppression with intent to evade tax; mere availment of ineligible self-assessed input tax credit does not meet that standard. Disclosure of ITC reconciliation in GSTR-9C and annual returns on the GST portal negates an allegation of concealed facts absent contrary evidence. Failure to reply to an audit enquiry or final audit report is likewise not suppression where the underlying data is disclosed and no statutory reply is required. A demand also cannot be sustained on a ground introduced beyond the show cause notice, as this denies the taxpayer an opportunity to respond and breaches natural justice.
Section 74 of the CGST Act requires evidence of fraud, willful misstatement or deliberate suppression with intent to evade tax; mere availment of ineligible self-assessed input tax credit does not meet that standard. Disclosure of ITC reconciliation in GSTR-9C and annual returns on the GST portal negates an allegation of concealed facts absent contrary evidence. Failure to reply to an audit enquiry or final audit report is likewise not suppression where the underlying data is disclosed and no statutory reply is required. A demand also cannot be sustained on a ground introduced beyond the show cause notice, as this denies the taxpayer an opportunity to respond and breaches natural justice.
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