Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verific...
Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
Levy of penalties u/ss 122 and 129 of CGST/SGST Acts - expiry of e-way bill - mens rea in penalty imposition. Technically, violation of law by petitioner in transporting goods without revalidating e-way bill. However, once plausible explanation provided by transporter/assessee and no attempt to evade tax found, proceedings should not culminate in maximum penalty u/s 129. Officer should have imposed penalty u/s 122(1)(xiv) only. Provisions of Section 129 do not authorize imposition of tax/penalty u/s 129(1)(a) or 129(1)(b) in cases of minor discrepancies; such penalty can be imposed only for violations leading to tax evasion, intent to evade tax, or repeated violations. In other cases, penalties u/ss 122 and 126 to be imposed. In present case, penalty of Rs. 10,000/- u/s 122(1)(xiv) can be imposed. On payment of penalty, bank guarantee to be released.
Levy of penalties u/ss 122 and 129 of CGST/SGST Acts - expiry of e-way bill - mens rea in penalty imposition. Technically, violation of law by petitioner in transporting goods without revalidating e-way bill. However, once plausible explanation provided by transporter/assessee and no attempt to evade tax found, proceedings should not culminate in maximum penalty u/s 129. Officer should have imposed penalty u/s 122(1)(xiv) only. Provisions of Section 129 do not authorize imposition of tax/penalty u/s 129(1)(a) or 129(1)(b) in cases of minor discrepancies; such penalty can be imposed only for violations leading to tax evasion, intent to evade tax, or repeated violations. In other cases, penalties u/ss 122 and 126 to be imposed. In present case, penalty of Rs. 10,000/- u/s 122(1)(xiv) can be imposed. On payment of penalty, bank guarantee to be released.
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