ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
HC held that the respondent's action blocking the petitioner's Electronic Credit Ledger ITC was invalid and set aside; the petition allowed. The Court ruled that Rule 86A(1) U.P.G.S.T. Rules 2017 mandates that any "reasons to believe" for blocking ITC must be recorded in writing and must arise from material on record demonstrating a nexus to the belief. Although the exercise may be ex parte, the statutory requirement to record reasons in writing is mandatory; mere suspicion or change of opinion without material justification is insufficient to interrupt the ITC chain. Accordingly the e-mail blocking the petitioner's ITC was quashed.
HC held that the respondent's action blocking the petitioner's Electronic Credit Ledger ITC was invalid and set aside; the petition allowed. The Court ruled that Rule 86A(1) U.P.G.S.T. Rules 2017 mandates that any "reasons to believe" for blocking ITC must be recorded in writing and must arise from material on record demonstrating a nexus to the belief. Although the exercise may be ex parte, the statutory requirement to record reasons in writing is mandatory; mere suspicion or change of opinion without material justification is insufficient to interrupt the ITC chain. Accordingly the e-mail blocking the petitioner's ITC was quashed.
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