Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Determining the tax and penalty - Vehicle transporting consignment without Original Tax Invoice - The High court analyzed the relevant provisions of the SGST Act and CGST Act. While Rule 138-A and Section 68 were cited by the respondents, the court noted that neither of these provisions explicitly requires the transporter to carry the Original Tax Invoice. Instead, the court emphasized Rule 48 of the CGST Act, which specifies the preparation of the invoice in triplicate. The original copy is meant for the recipient/purchaser, while the duplicate copy is for the transporter. The High court concluded that the transporter is not obligated to carry the Original Tax Invoice, as claimed by the respondents. - As a result, the court allowed the writ petition, quashed the orders imposing tax and penalty. Excess amount paid directed to be refunded.
Determining the tax and penalty - Vehicle transporting consignment without Original Tax Invoice - The High court analyzed the relevant provisions of the SGST Act and CGST Act. While Rule 138-A and Section 68 were cited by the respondents, the court noted that neither of these provisions explicitly requires the transporter to carry the Original Tax Invoice. Instead, the court emphasized Rule 48 of the CGST Act, which specifies the preparation of the invoice in triplicate. The original copy is meant for the recipient/purchaser, while the duplicate copy is for the transporter. The High court concluded that the transporter is not obligated to carry the Original Tax Invoice, as claimed by the respondents. - As a result, the court allowed the writ petition, quashed the orders imposing tax and penalty. Excess amount paid directed to be refunded.
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