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 initiation of proceedings under Section 73/74 of the GST Act for tax determination based solely on the discrepancy between turnover declared in the E-way bill and Form GSTR-9, absent any allegation of fraud, willful misstatement, or suppression, is impermissible. The respondent authority lacked jurisdiction to proceed under Section 73/74 without evidence of such misconduct. Furthermore, initiation under Section 74 requires a prima facie finding of fraud or suppression after preliminary investigation, which was not established. The impugned show-cause notice dated 27.12.2023, the consequential Order-in-Original dated 10.03.2024, and subsequent orders were quashed and set aside for violation of natural justice and lack of jurisdiction. The petition was allowed accordingly.
The HC held that initiation of proceedings under Section 73/74 of the GST Act for tax determination based solely on the discrepancy between turnover declared in the E-way bill and Form GSTR-9, absent any allegation of fraud, willful misstatement, or suppression, is impermissible. The respondent authority lacked jurisdiction to proceed under Section 73/74 without evidence of such misconduct. Furthermore, initiation under Section 74 requires a prima facie finding of fraud or suppression after preliminary investigation, which was not established. The impugned show-cause notice dated 27.12.2023, the consequential Order-in-Original dated 10.03.2024, and subsequent orders were quashed and set aside for violation of natural justice and lack of jurisdiction. The petition was allowed accordingly.
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