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...
Grant of bail involving wrongful availment of input tax credit by generating fake invoices causing wrongful gain to companies and wrongful loss to the Government. Court analyzed whether evidence available against petitioner regarding committing offense under CGST Act. Held that absence of material indicating accused petitioner as manager of firms not essential for prosecution u/s 132 of CGST Act. Provisions state whoever commits or causes to commit and retains benefits from supplies without invoice or without supplying goods avails input tax credit is liable. Court below erred in assessing consequence and spirit of Section 132. Incriminating material against petitioner ignored. While considering bail, gravity of offenses and misconstruing facts and legal position not considered. Cancellation of bail allowed, order granting bail set aside.
Grant of bail involving wrongful availment of input tax credit by generating fake invoices causing wrongful gain to companies and wrongful loss to the Government. Court analyzed whether evidence available against petitioner regarding committing offense under CGST Act. Held that absence of material indicating accused petitioner as manager of firms not essential for prosecution u/s 132 of CGST Act. Provisions state whoever commits or causes to commit and retains benefits from supplies without invoice or without supplying goods avails input tax credit is liable. Court below erred in assessing consequence and spirit of Section 132. Incriminating material against petitioner ignored. While considering bail, gravity of offenses and misconstruing facts and legal position not considered. Cancellation of bail allowed, order granting bail set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
