Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
HC held that initiation of proceedings under s.130 of the GST Act based solely on alleged excess stock observed during a survey, without physical counting, was unsustainable. The court reiterated that registered persons must maintain accounts under s.35 and that s.35(6) permits determination of tax on unaccounted goods with applicability of ss.73/74 mutatis mutandis, but proceedings under s.130 are not the appropriate mechanism where excess stock is merely noted on survey. In consequence, the impugned orders were quashed and the petition allowed, with directions accordingly, and no order for proceedings under s.130 to be sustained in the present facts.
HC held that initiation of proceedings under s.130 of the GST Act based solely on alleged excess stock observed during a survey, without physical counting, was unsustainable. The court reiterated that registered persons must maintain accounts under s.35 and that s.35(6) permits determination of tax on unaccounted goods with applicability of ss.73/74 mutatis mutandis, but proceedings under s.130 are not the appropriate mechanism where excess stock is merely noted on survey. In consequence, the impugned orders were quashed and the petition allowed, with directions accordingly, and no order for proceedings under s.130 to be sustained in the present facts.
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