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...
The petitioner challenged the assessment order and summary in Form DRC-07 for wrongfully claiming Input Tax Credit (ITC) on the purchase of four motor cars, which was ineligible u/s 17(5) of the CGST/TNGST Act, 2017. The petitioner was unaware of the notices due to the introduction of a new "View Additional Notices and Orders" feature on the GST portal, which was not adequately communicated, resulting in a violation of principles of natural justice. The petitioner had purchased four motor cars for passenger service and mistakenly claimed ITC on these purchases, which was not permissible as the vehicles were intended for personal use. The petitioner voluntarily reversed the wrongly availed ITC in their March 2023 return before the financial year's end. However, the respondent passed the assessment order after issuing pre-show cause notice and show cause notice. The High Court set aside the order and remanded the matter to the respondent for fresh consideration, providing the petitioner an opportunity to substantiate their claim.
The petitioner challenged the assessment order and summary in Form DRC-07 for wrongfully claiming Input Tax Credit (ITC) on the purchase of four motor cars, which was ineligible u/s 17(5) of the CGST/TNGST Act, 2017. The petitioner was unaware of the notices due to the introduction of a new "View Additional Notices and Orders" feature on the GST portal, which was not adequately communicated, resulting in a violation of principles of natural justice. The petitioner had purchased four motor cars for passenger service and mistakenly claimed ITC on these purchases, which was not permissible as the vehicles were intended for personal use. The petitioner voluntarily reversed the wrongly availed ITC in their March 2023 return before the financial year's end. However, the respondent passed the assessment order after issuing pre-show cause notice and show cause notice. The High Court set aside the order and remanded the matter to the respondent for fresh consideration, providing the petitioner an opportunity to substantiate their claim.
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