Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
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Expiry of an e-way bill, without more, does not justify detention, integrated tax, or penalty under section 129 where the consignment is accompanied by tax invoices and supporting documents, physical verification reveals no discrepancy, and no tax evasion is found. Board instructions distinguish minor procedural lapses from substantive breaches. The explanation for failure to extend e-way bill validity requires consideration, and intention to evade tax remains relevant. On these facts, invoking section 129 solely for expired e-way bills was unjustified, and the resulting tax and penalty demand was set aside.
Expiry of an e-way bill, without more, does not justify detention, integrated tax, or penalty under section 129 where the consignment is accompanied by tax invoices and supporting documents, physical verification reveals no discrepancy, and no tax evasion is found. Board instructions distinguish minor procedural lapses from substantive breaches. The explanation for failure to extend e-way bill validity requires consideration, and intention to evade tax remains relevant. On these facts, invoking section 129 solely for expired e-way bills was unjustified, and the resulting tax and penalty demand was set aside.
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