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Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
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Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The HC allowed the writ petition concerning GST penalty under Section 129. The petitioner had violated prescribed conditions but had voluntarily paid the penalty and successfully exported goods. The court determined that while the petitioner was liable for proceedings under Section 129, a lesser penalty was justified. The HC held that export incentives cannot be denied for technical and venial breaches, citing precedent that such minor violations should not result in denial of legitimate benefits. Despite availability of alternate appellate remedy under Section 107, the court exercised jurisdiction to prevent unnecessary litigation. The respondents were directed to appropriate Rs. 25,000 from the amount already paid by petitioner and allow adjustment of the balance against future tax liability.
The HC allowed the writ petition concerning GST penalty under Section 129. The petitioner had violated prescribed conditions but had voluntarily paid the penalty and successfully exported goods. The court determined that while the petitioner was liable for proceedings under Section 129, a lesser penalty was justified. The HC held that export incentives cannot be denied for technical and venial breaches, citing precedent that such minor violations should not result in denial of legitimate benefits. Despite availability of alternate appellate remedy under Section 107, the court exercised jurisdiction to prevent unnecessary litigation. The respondents were directed to appropriate Rs. 25,000 from the amount already paid by petitioner and allow adjustment of the balance against future tax liability.
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