Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
HC held that mentioning SAP document number instead of tax invoice number in e-way bill during transport from Mathura to Mirzapur was a genuine human error. Physical verification revealed no discrepancies in quality, quantity, or goods description between tax invoice and actual shipment. Authorities failed to establish any intention of tax evasion, which is essential for penalty imposition under Section 129 of GST Act. The technical mismatch alone cannot justify penalty proceedings when substantive compliance is evident. The court found impugned orders unsustainable, emphasizing that mere clerical errors, absent fraudulent intent, do not warrant punitive action. Petition allowed, setting aside tax and penalty orders.
HC held that mentioning SAP document number instead of tax invoice number in e-way bill during transport from Mathura to Mirzapur was a genuine human error. Physical verification revealed no discrepancies in quality, quantity, or goods description between tax invoice and actual shipment. Authorities failed to establish any intention of tax evasion, which is essential for penalty imposition under Section 129 of GST Act. The technical mismatch alone cannot justify penalty proceedings when substantive compliance is evident. The court found impugned orders unsustainable, emphasizing that mere clerical errors, absent fraudulent intent, do not warrant punitive action. Petition allowed, setting aside tax and penalty orders.
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