Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC allowed the petition and set aside the impugned orders of 09.08.2024 and 30.08.2024 imposing penalty under s.129(3) of the U.P. Goods and Services Act, 2017. Although the e-way bill had expired and was not renewed, the vehicle carried the goods and invoices at inspection, and the assessing authority failed to demonstrate any material indicating an intention by the petitioner to evade tax. In the absence of requisite satisfaction as to tax-evasion intent, the technical non-compliance alone could not sustain penalty under s.129(3); accordingly the penalty orders were quashed and the petition was allowed.
The HC allowed the petition and set aside the impugned orders of 09.08.2024 and 30.08.2024 imposing penalty under s.129(3) of the U.P. Goods and Services Act, 2017. Although the e-way bill had expired and was not renewed, the vehicle carried the goods and invoices at inspection, and the assessing authority failed to demonstrate any material indicating an intention by the petitioner to evade tax. In the absence of requisite satisfaction as to tax-evasion intent, the technical non-compliance alone could not sustain penalty under s.129(3); accordingly the penalty orders were quashed and the petition was allowed.
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