Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
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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