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 High Court quashed the orders dated 29 December 2022, 20 February 2024, and the appellate authority's order dated 08 July 2024, cancelling the petitioner's GST registration retrospectively on grounds of fraud, willful misstatement or suppression of facts. The Court found that the authorities failed to provide cogent material indicating the registration was originally obtained through fraudulent means. Crucially, the show cause notice did not consider the amended registration certificate issued on 02 July 2019, and the petitioner was not provided the inspection report of 03 June 2022, which formed the basis for rejecting the revocation application. The cancellation orders were quashed due to lack of evidence substantiating the allegation of fraud in obtaining the initial registration.
The High Court quashed the orders dated 29 December 2022, 20 February 2024, and the appellate authority's order dated 08 July 2024, cancelling the petitioner's GST registration retrospectively on grounds of fraud, willful misstatement or suppression of facts. The Court found that the authorities failed to provide cogent material indicating the registration was originally obtained through fraudulent means. Crucially, the show cause notice did not consider the amended registration certificate issued on 02 July 2019, and the petitioner was not provided the inspection report of 03 June 2022, which formed the basis for rejecting the revocation application. The cancellation orders were quashed due to lack of evidence substantiating the allegation of fraud in obtaining the initial registration.
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