Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The HC allowed the appeal and writ petition, holding that penalty under s.129 could not be imposed. The court found the appellant had produced requisite documentation (Form GST-MOV-01), an invoice from the job-worker, an e-way bill for stock transfer, and a stock transfer voucher corroborated by the transporter's document, demonstrating absence of mens rea to evade tax. The HC set aside the orders of the adjudicating and appellate authorities, deleted the penalty, and directed release/cancellation of the bank guarantee furnished in favour of the department. Given the factual matrix and documentary proof of lawful stock transfer from the job-worker to the appellant, no penal liability survived.
The HC allowed the appeal and writ petition, holding that penalty under s.129 could not be imposed. The court found the appellant had produced requisite documentation (Form GST-MOV-01), an invoice from the job-worker, an e-way bill for stock transfer, and a stock transfer voucher corroborated by the transporter's document, demonstrating absence of mens rea to evade tax. The HC set aside the orders of the adjudicating and appellate authorities, deleted the penalty, and directed release/cancellation of the bank guarantee furnished in favour of the department. Given the factual matrix and documentary proof of lawful stock transfer from the job-worker to the appellant, no penal liability survived.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
