Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Levy of penalty equivalent to the tax on employees - wrongful utilization of Input Tax Credit - The High Court scrutinized the applicability of Sections 122(1A) and 137 of the CGST Act to the petitioners, emphasizing that these sections target "taxable persons" and entities responsible for the conduct of a company's business. It was determined that individual employees, who do not stand to personally benefit from the tax credits or evasion in question, do not fall within the scope of these sections as applied in the show cause notice. - It was clarified that the petitioners, in their capacity as employees, could not be deemed directly responsible for the alleged tax evasion merely based on their roles within the company, especially in the absence of concrete proof of their direct involvement or benefit from the evasion.
Levy of penalty equivalent to the tax on employees - wrongful utilization of Input Tax Credit - The High Court scrutinized the applicability of Sections 122(1A) and 137 of the CGST Act to the petitioners, emphasizing that these sections target "taxable persons" and entities responsible for the conduct of a company's business. It was determined that individual employees, who do not stand to personally benefit from the tax credits or evasion in question, do not fall within the scope of these sections as applied in the show cause notice. - It was clarified that the petitioners, in their capacity as employees, could not be deemed directly responsible for the alleged tax evasion merely based on their roles within the company, especially in the absence of concrete proof of their direct involvement or benefit from the evasion.
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