Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
The HC allowed the petition and directed respondents to refund within two months the full penalty paid by the petitioner, with interest at 9% p.a. from payment date until refund, holding the detention and levy under Sec.129 CGST Act invalid insofar as no adjudicatory order was passed by the competent officer pursuant to Sec.129(3) of the Tripura SGST Act. The court found procedural failure-no reasons or Form MOV-09 order issued despite representations and requests for hearing-rendered the purported levy and collection without legal authority and violative of Art.14, Art.19(1)(g), Art.265 and Art.300-A. Petition allowed.
The HC allowed the petition and directed respondents to refund within two months the full penalty paid by the petitioner, with interest at 9% p.a. from payment date until refund, holding the detention and levy under Sec.129 CGST Act invalid insofar as no adjudicatory order was passed by the competent officer pursuant to Sec.129(3) of the Tripura SGST Act. The court found procedural failure-no reasons or Form MOV-09 order issued despite representations and requests for hearing-rendered the purported levy and collection without legal authority and violative of Art.14, Art.19(1)(g), Art.265 and Art.300-A. Petition allowed.
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