Constitutional personal-liberty safeguards limit PMLA twin bail conditions where completed investigations lead to prolonged incarceration before trial...
Automated airline software subscriptions without human intervention fail technical-services characterisation and do not make available underlying tech...
Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy ru...
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted al...
Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes...
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference sha...
Section 74 penalty for input tax credit retained despite non-payment to suppliers requires a show-cause notice that specifically identifies the material facts allegedly wilfully suppressed and the statutory basis for penalty. Mere breach of the payment condition for input tax credit, or detection during audit, does not by itself establish wilful suppression; Revenue bears the burden of proof. Suppression also requires identification of the undisclosed information and the return, statement, report or document requiring its disclosure. Fresh audit-based grounds cannot be introduced at the appellate stage or through Tribunal submissions. The penalty proceedings were void ab initio and the penalty was set aside, while liability for balance interest remained.
Section 74 penalty for input tax credit retained despite non-payment to suppliers requires a show-cause notice that specifically identifies the material facts allegedly wilfully suppressed and the statutory basis for penalty. Mere breach of the payment condition for input tax credit, or detection during audit, does not by itself establish wilful suppression; Revenue bears the burden of proof. Suppression also requires identification of the undisclosed information and the return, statement, report or document requiring its disclosure. Fresh audit-based grounds cannot be introduced at the appellate stage or through Tribunal submissions. The penalty proceedings were void ab initio and the penalty was set aside, while liability for balance interest remained.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4907 
