Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Intent to evade tax or not - Challenged the physical inspection and verification report - Penalty - detention on the ground that address of the consigner not found during the inspection carried out at his place of business - The High court emphasized the necessity of proving an intent to evade tax for invoking proceedings under Section 129(3) of the CGST Act. - The court acknowledged that the respondent did not dispute the fact that taxes had been duly paid by the seller, strengthening the petitioner's argument against tax evasion. - The court allowed the writ petition, setting aside all impugned proceedings initiated by the respondent. It directed the refund of the penalty amount to the petitioner within four weeks.
Intent to evade tax or not - Challenged the physical inspection and verification report - Penalty - detention on the ground that address of the consigner not found during the inspection carried out at his place of business - The High court emphasized the necessity of proving an intent to evade tax for invoking proceedings under Section 129(3) of the CGST Act. - The court acknowledged that the respondent did not dispute the fact that taxes had been duly paid by the seller, strengthening the petitioner's argument against tax evasion. - The court allowed the writ petition, setting aside all impugned proceedings initiated by the respondent. It directed the refund of the penalty amount to the petitioner within four weeks.
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