Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
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HC set aside penalty imposed under Section 129(3) of the Goods and Services Tax Act, ruling that mens rea is sine qua non for penalty imposition. The petitioner generated e-way bill after detention, with tax already paid, demonstrating no intent to evade tax. Court held that authorities cannot presume tax evasion based solely on procedural lapses such as expired e-way bills, particularly when valid reasons exist. The judgment emphasized that penalty proceedings require proof of intentional tax evasion, not mere technical violations. Respondent authorities failed to establish requisite intent or provide adequate reasoning for penalty imposition. Petition allowed, impugned order quashed for lacking foundational grounds regarding evasion intent.
HC set aside penalty imposed under Section 129(3) of the Goods and Services Tax Act, ruling that mens rea is sine qua non for penalty imposition. The petitioner generated e-way bill after detention, with tax already paid, demonstrating no intent to evade tax. Court held that authorities cannot presume tax evasion based solely on procedural lapses such as expired e-way bills, particularly when valid reasons exist. The judgment emphasized that penalty proceedings require proof of intentional tax evasion, not mere technical violations. Respondent authorities failed to establish requisite intent or provide adequate reasoning for penalty imposition. Petition allowed, impugned order quashed for lacking foundational grounds regarding evasion intent.
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