Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
The HC allowed the petition and quashed the impugned orders...
Petition allowed; orders quashed where detention and seizure based on misclassification and speculative undervaluation cannot sustain penalty under Section 129
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The HC allowed the petition and quashed the impugned orders dated 4.1.2025 and 22.5.2024, holding that detention and seizure based solely on alleged misclassification and speculative undervaluation cannot sustain a penalty under Section 129 of the UP GST Act where consignment documents were in order. The court found no discrepancy in quality or quantity and noted that the e-tax invoice, e-way bill and bill of lading/accompanying transport document accompanied the goods at detention. Relying on controlling HC authority precluding penalties premised on conjectural undervaluation, the tribunal's orders imposing penalty were set aside and the petition granted.
The HC allowed the petition and quashed the impugned orders dated 4.1.2025 and 22.5.2024, holding that detention and seizure based solely on alleged misclassification and speculative undervaluation cannot sustain a penalty under Section 129 of the UP GST Act where consignment documents were in order. The court found no discrepancy in quality or quantity and noted that the e-tax invoice, e-way bill and bill of lading/accompanying transport document accompanied the goods at detention. Relying on controlling HC authority precluding penalties premised on conjectural undervaluation, the tribunal's orders imposing penalty were set aside and the petition granted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
