Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The HC addressed a challenge to a summons issued under s.70 of the GST Act seeking information from the petitioner. The court clarified that s.74 of the CGST Act applies to tax evasion cases involving willful misstatement or fraud, permitting penalties up to 100% of unpaid tax, with reduced penalties available at various stages of admission and payment. The court determined that the 2nd respondent's communication aligned with s.74 provisions and did not create liability or initiate proceedings against the petitioner. The petition was closed, preserving the petitioner's right to oppose any future proceedings for tax short payment, evasion, or wrongful ITC availment.
The HC addressed a challenge to a summons issued under s.70 of the GST Act seeking information from the petitioner. The court clarified that s.74 of the CGST Act applies to tax evasion cases involving willful misstatement or fraud, permitting penalties up to 100% of unpaid tax, with reduced penalties available at various stages of admission and payment. The court determined that the 2nd respondent's communication aligned with s.74 provisions and did not create liability or initiate proceedings against the petitioner. The petition was closed, preserving the petitioner's right to oppose any future proceedings for tax short payment, evasion, or wrongful ITC availment.
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