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...
The High Court held that the levy of tax and penalty on detained goods was unjustified as there was no intention to avoid tax payment. The petitioner accompanied the goods with relevant documents like tax invoice, goods receipt, and e-way bills mentioning Ghaziabad as the dispatch location. The petitioner's reply stated the purchase was from a Ghaziabad dealer, which was not denied. The state failed to prove the goods were purchased from a non-bonafide dealer. Since the petitioner was present before the authority, proceedings u/s 129(1)(b) of the Act were inappropriate when the consignor claimed ownership with tax invoice and e-way bill. The impugned orders were quashed as unsustainable in law.
The High Court held that the levy of tax and penalty on detained goods was unjustified as there was no intention to avoid tax payment. The petitioner accompanied the goods with relevant documents like tax invoice, goods receipt, and e-way bills mentioning Ghaziabad as the dispatch location. The petitioner's reply stated the purchase was from a Ghaziabad dealer, which was not denied. The state failed to prove the goods were purchased from a non-bonafide dealer. Since the petitioner was present before the authority, proceedings u/s 129(1)(b) of the Act were inappropriate when the consignor claimed ownership with tax invoice and e-way bill. The impugned orders were quashed as unsustainable in law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
