Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The High Court reviewed the validity of the show cause notice (SCN) and assessment order u/s 129 of the CGST Act. The issue centered on penalty imposition due to non-updation of the e-way bill resulting from goods transfer to another vehicle. The court found no evidence of intent to contravene the Act or evade tax. Consequently, a general penalty of Rs. 25,000 was imposed on the petitioner u/s 125 of the CGST Act. The impugned notice and order were set aside, with a direction for the respondents to refund the tax after deducting the penalty. The court deemed it just to levy the maximum penalty of Rs. 25,000, ultimately allowing the petition.
The High Court reviewed the validity of the show cause notice (SCN) and assessment order u/s 129 of the CGST Act. The issue centered on penalty imposition due to non-updation of the e-way bill resulting from goods transfer to another vehicle. The court found no evidence of intent to contravene the Act or evade tax. Consequently, a general penalty of Rs. 25,000 was imposed on the petitioner u/s 125 of the CGST Act. The impugned notice and order were set aside, with a direction for the respondents to refund the tax after deducting the penalty. The court deemed it just to levy the maximum penalty of Rs. 25,000, ultimately allowing the petition.
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