Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The HC allowed the writ petition, setting aside the impugned order and quashing the penalty imposed under Section 129(1)(b) of the CGST Act as unsustainable. The court held the revenue accepted an unverified, uncorroborated statement from a third party as conclusive without issuing notice to or verifying representations of the appellants, and failed to conduct requisite verification of the genuineness of goods in transit and documents prior to issuance of the show-cause notice. Subsequent cancellation of the third party's registration, even if assumed, did not validate the departmental action. In consequence, the penalty and enforcement action against the appellants were declared illegal and were set aside.
The HC allowed the writ petition, setting aside the impugned order and quashing the penalty imposed under Section 129(1)(b) of the CGST Act as unsustainable. The court held the revenue accepted an unverified, uncorroborated statement from a third party as conclusive without issuing notice to or verifying representations of the appellants, and failed to conduct requisite verification of the genuineness of goods in transit and documents prior to issuance of the show-cause notice. Subsequent cancellation of the third party's registration, even if assumed, did not validate the departmental action. In consequence, the penalty and enforcement action against the appellants were declared illegal and were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
