Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Time Limitation - issuing a notice after the detention - The High Court noted that the actions of the tax authority did not align with the prescribed timeline outlined in section 129(3) of the CGST Act. As per this section, the proper officer must issue a notice within seven days of detention or seizure and pass an order within seven days from the date of service of such notice. Since both the notice and the subsequent order were issued beyond these time limits, the court found no justification to uphold the demand raised. - While acknowledging the discrepancy in the vehicle number recorded in the e-way bills, the court observed that it was a minor error, possibly a bonafide mistake. The court indicated that such discrepancies should not lead to severe penalties under section 129 of the CGST Act.
Time Limitation - issuing a notice after the detention - The High Court noted that the actions of the tax authority did not align with the prescribed timeline outlined in section 129(3) of the CGST Act. As per this section, the proper officer must issue a notice within seven days of detention or seizure and pass an order within seven days from the date of service of such notice. Since both the notice and the subsequent order were issued beyond these time limits, the court found no justification to uphold the demand raised. - While acknowledging the discrepancy in the vehicle number recorded in the e-way bills, the court observed that it was a minor error, possibly a bonafide mistake. The court indicated that such discrepancies should not lead to severe penalties under section 129 of the CGST Act.
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