Income Declaration Scheme declarations can evidence share-capital sources, while round-tripped funds and cash-linked credits require further verificat...
Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Input tax credit mismatches between Forms GSTR-3B and GSTR-2A may support tax determination under section 73, but do not by themselves justify section 74 proceedings or penalties. Section 74 requires clear evidence connecting wrongful credit availment with fraud, wilful misstatement, or suppression of facts intended to evade tax; merely reciting those terms is insufficient. Payment of tax and interest before notice, including after verification, falls within section 73(5) where no intent to evade is established. A supplier's default cannot automatically be attributed to the recipient as suppression.
Input tax credit mismatches between Forms GSTR-3B and GSTR-2A may support tax determination under section 73, but do not by themselves justify section 74 proceedings or penalties. Section 74 requires clear evidence connecting wrongful credit availment with fraud, wilful misstatement, or suppression of facts intended to evade tax; merely reciting those terms is insufficient. Payment of tax and interest before notice, including after verification, falls within section 73(5) where no intent to evade is established. A supplier's default cannot automatically be attributed to the recipient as suppression.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4897 
