Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
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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.
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