Separate speaking orders on reopening objections are mandatory; deciding them within reassessment invalidates jurisdiction and precludes revival of st...
Compulsorily convertible debentures remain debt before conversion, preventing transfer-pricing and interest-deduction disallowances on the stated fact...
Stock-in-trade transfer taxability follows possession and consideration, not later conveyance registration, limiting deemed-value provisions to the ac...
The HC dismissed the writ petitions filed by the petitioner challenging the demand for wrongful availment of ineligible ITC, interest, and penalty arising from discrepancies between GSTR-1 and GSTR-3B returns. The petitioner, who voluntarily provided OTP access to a third party, facilitated the creation of multiple fraudulent GST registrations resulting in ITC claims exceeding Rs. 50 crores. The Court held that the petitioner cannot claim innocence given these facts and declined to conduct a factual inquiry into the misuse of ITC, directing that such investigations fall within the purview of police authorities. Consequently, the petitions were disposed of, upholding the impugned orders and affirming the demand for recovery of tax liabilities and associated penalties.
The HC dismissed the writ petitions filed by the petitioner challenging the demand for wrongful availment of ineligible ITC, interest, and penalty arising from discrepancies between GSTR-1 and GSTR-3B returns. The petitioner, who voluntarily provided OTP access to a third party, facilitated the creation of multiple fraudulent GST registrations resulting in ITC claims exceeding Rs. 50 crores. The Court held that the petitioner cannot claim innocence given these facts and declined to conduct a factual inquiry into the misuse of ITC, directing that such investigations fall within the purview of police authorities. Consequently, the petitions were disposed of, upholding the impugned orders and affirming the demand for recovery of tax liabilities and associated penalties.
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