Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
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HC affirmed the Tribunal's decision and dismissed the appeal, holding that penal proceedings under section 271(1)(c) could not be sustained where the Assessing Officer and first appellate authority failed to furnish adverse materials and afford adequate opportunity to the assessee. The court accepted that documents obtained from the Sales Tax Department were provided to the assessee and that the Tribunal correctly found the A.O.'s approach to be legally untenable and prejudicial. Emphasizing principles of fairness and natural justice in penalty proceedings, HC declined to interfere with the Tribunal's reasoning and concluded the impugned order raised no substantial question of law, thereby upholding the relief granted to the assessee.
HC affirmed the Tribunal's decision and dismissed the appeal, holding that penal proceedings under section 271(1)(c) could not be sustained where the Assessing Officer and first appellate authority failed to furnish adverse materials and afford adequate opportunity to the assessee. The court accepted that documents obtained from the Sales Tax Department were provided to the assessee and that the Tribunal correctly found the A.O.'s approach to be legally untenable and prejudicial. Emphasizing principles of fairness and natural justice in penalty proceedings, HC declined to interfere with the Tribunal's reasoning and concluded the impugned order raised no substantial question of law, thereby upholding the relief granted to the assessee.
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