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 since the entire tax liability was discharged through the electronic credit ledger before any intimation or show-cause notice, and there was no wilful mis-statement or suppression by the petitioner, the provisions of Sec. 74 of the GST Act are inapplicable. The petitioner's failure to offset the tax liability from the credit ledger was inadvertent and not indicative of fraud. Consequently, the HC directed the respondent AO to pass a fresh de novo order under Sec. 73 of the GST Act, after affording the petitioner an opportunity of hearing, within three months from receipt of the order. The petition was disposed of accordingly.
The HC held that since the entire tax liability was discharged through the electronic credit ledger before any intimation or show-cause notice, and there was no wilful mis-statement or suppression by the petitioner, the provisions of Sec. 74 of the GST Act are inapplicable. The petitioner's failure to offset the tax liability from the credit ledger was inadvertent and not indicative of fraud. Consequently, the HC directed the respondent AO to pass a fresh de novo order under Sec. 73 of the GST Act, after affording the petitioner an opportunity of hearing, within three months from receipt of the order. The petition was disposed of accordingly.
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