Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
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...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
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 held that the petitioner's short payment of GST related to works contract services did not amount to wilful suppression of facts or fraud. Consequently, proceedings under Section 74 of the CGST/KGST Act, which apply to cases involving fraud or wilful misstatement, were inappropriate. Instead, the matter fell under Section 73, which addresses determination of tax short paid without fraudulent intent. The court concluded that any due amount from PWD to the petitioner was irrelevant to GST liability and that the petitioner was not guilty of suppression. The impugned order was accordingly recharacterized as an order under Section 73 rather than Section 74. The petitioner had already paid the determined amount, and the writ petition was disposed of on this basis.
The HC held that the petitioner's short payment of GST related to works contract services did not amount to wilful suppression of facts or fraud. Consequently, proceedings under Section 74 of the CGST/KGST Act, which apply to cases involving fraud or wilful misstatement, were inappropriate. Instead, the matter fell under Section 73, which addresses determination of tax short paid without fraudulent intent. The court concluded that any due amount from PWD to the petitioner was irrelevant to GST liability and that the petitioner was not guilty of suppression. The impugned order was accordingly recharacterized as an order under Section 73 rather than Section 74. The petitioner had already paid the determined amount, and the writ petition was disposed of on this basis.
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