Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The petitioner's registration under the WBGST/CGST Act, 2017 was cancelled due to non-filing of returns for a continuous period of six months. Although the petitioner filed an appeal, it was dismissed on the ground of limitation without adjudication on merits. The petitioner, a small businessman, claimed to have suffered losses during the pandemic. The respondents did not allege any dubious process to evade tax by the petitioner. Considering the suspension/revocation of license would be counterproductive and impact tax recovery, the respondents were directed to take a pragmatic view and permit the petitioner to carry on business. The petitioner's advocate undertook to comply with the Act's provisions and agreed to pay applicable tax, interest, fine, and penalty. The respondents were directed to activate the portal within one week to enable the petitioner to file returns and pay requisite amounts. The cancellation order dated 8th July, 2022, and the Appellate Authority's order dated 7th June, 2024, were set aside. The petition was disposed of.
The petitioner's registration under the WBGST/CGST Act, 2017 was cancelled due to non-filing of returns for a continuous period of six months. Although the petitioner filed an appeal, it was dismissed on the ground of limitation without adjudication on merits. The petitioner, a small businessman, claimed to have suffered losses during the pandemic. The respondents did not allege any dubious process to evade tax by the petitioner. Considering the suspension/revocation of license would be counterproductive and impact tax recovery, the respondents were directed to take a pragmatic view and permit the petitioner to carry on business. The petitioner's advocate undertook to comply with the Act's provisions and agreed to pay applicable tax, interest, fine, and penalty. The respondents were directed to activate the portal within one week to enable the petitioner to file returns and pay requisite amounts. The cancellation order dated 8th July, 2022, and the Appellate Authority's order dated 7th June, 2024, were set aside. The petition was disposed of.
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