Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
