Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The Calcutta High Court considered the maintainability of a petition challenging the penalty imposed u/s 129(3) of the West Bengal Goods and Services Tax Act, 2017. The court found that the E-way bill and delivery challan did not comply with Rule 55 of the CGST Rules and the WBGST Rules, raising suspicions of concealment. The petitioner failed to provide necessary documents to clarify the situation, leading to doubts about their bona fides. The court held that the Revenue had jurisdiction to assess tax and compute penalties based on the value of the goods. The order was deemed to be reasoned and passed after giving the petitioner a fresh hearing. Despite the availability of alternative remedies, the court allowed the petition challenging jurisdiction. The court emphasized the responsibility of registered persons to comply with legal requirements and dismissed the writ petition.
The Calcutta High Court considered the maintainability of a petition challenging the penalty imposed u/s 129(3) of the West Bengal Goods and Services Tax Act, 2017. The court found that the E-way bill and delivery challan did not comply with Rule 55 of the CGST Rules and the WBGST Rules, raising suspicions of concealment. The petitioner failed to provide necessary documents to clarify the situation, leading to doubts about their bona fides. The court held that the Revenue had jurisdiction to assess tax and compute penalties based on the value of the goods. The order was deemed to be reasoned and passed after giving the petitioner a fresh hearing. Despite the availability of alternative remedies, the court allowed the petition challenging jurisdiction. The court emphasized the responsibility of registered persons to comply with legal requirements and dismissed the writ petition.
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