Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
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The HC set aside the penalty imposed under Section 129(3) of the WBGST/CGST Act, 2017 for failure to re-validate the e-way bill within the prescribed 8-hour period, accepting the petitioner's claim of vehicle breakdown causing a 15-hour delay. The Court noted the absence of wilful misconduct or tax fraud and found the appellate authority erred in dismissing the defence for lack of documentary evidence, given the circumstances of mechanical repair en route. Consequently, the orders dated 27 December 2023 and 29 August 2024 imposing the penalty and demand were quashed. The petitioners, having already paid the penalty, are entitled to seek a refund, which the authorities must consider within two weeks of application. The petition was accordingly disposed of.
The HC set aside the penalty imposed under Section 129(3) of the WBGST/CGST Act, 2017 for failure to re-validate the e-way bill within the prescribed 8-hour period, accepting the petitioner's claim of vehicle breakdown causing a 15-hour delay. The Court noted the absence of wilful misconduct or tax fraud and found the appellate authority erred in dismissing the defence for lack of documentary evidence, given the circumstances of mechanical repair en route. Consequently, the orders dated 27 December 2023 and 29 August 2024 imposing the penalty and demand were quashed. The petitioners, having already paid the penalty, are entitled to seek a refund, which the authorities must consider within two weeks of application. The petition was accordingly disposed of.
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