Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
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...
Challenge to penalty order u/s 129(1) of CGST Act for non-generation of Part-B of E-way bill. Petitioner accepted notice and paid Rs. 11,08,150 penalty voluntarily without objection. Respondent justified in passing penalty order for violating Section 129(1). However, petitioner had no intention of tax evasion, transporting goods from port after customs clearance. Part-A of e-way bill generated, only Part-B not accompanying goods when intercepted. Petitioner liable for penalty equivalent to 200% of tax payable, but since IGST already paid, subjected to 200% of tax paid. Contravention of Rule 138 technical as goods not accompanying Part-B. Penalty u/s 129(1)(a) modified to Rs. 25,000 instead of Rs. 11,08,150 to justify technical violation of not having Part-B. Impugned penalty order modified to Rs. 25,000.
Challenge to penalty order u/s 129(1) of CGST Act for non-generation of Part-B of E-way bill. Petitioner accepted notice and paid Rs. 11,08,150 penalty voluntarily without objection. Respondent justified in passing penalty order for violating Section 129(1). However, petitioner had no intention of tax evasion, transporting goods from port after customs clearance. Part-A of e-way bill generated, only Part-B not accompanying goods when intercepted. Petitioner liable for penalty equivalent to 200% of tax payable, but since IGST already paid, subjected to 200% of tax paid. Contravention of Rule 138 technical as goods not accompanying Part-B. Penalty u/s 129(1)(a) modified to Rs. 25,000 instead of Rs. 11,08,150 to justify technical violation of not having Part-B. Impugned penalty order modified to Rs. 25,000.
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