Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Proceedings initiated under s.74 of the SGST Act were held without jurisdiction because the show cause notice failed to allege the statutory preconditions of fraud, wilful misstatement, or suppression of facts for wrongful or excess availment/utilisation of input tax credit; absent these foundational averments, the authority could not assume s.74 jurisdiction. The record showed actual movement of goods and that returns and tax payments were reflected in GSTR-1, GSTR-2A and GSTR-3B, and the revenue did not specifically deny these compliances, making any adverse inference unjustified. The impugned orders were quashed and the petition was allowed - HC
Proceedings initiated under s.74 of the SGST Act were held without jurisdiction because the show cause notice failed to allege the statutory preconditions of fraud, wilful misstatement, or suppression of facts for wrongful or excess availment/utilisation of input tax credit; absent these foundational averments, the authority could not assume s.74 jurisdiction. The record showed actual movement of goods and that returns and tax payments were reflected in GSTR-1, GSTR-2A and GSTR-3B, and the revenue did not specifically deny these compliances, making any adverse inference unjustified. The impugned orders were quashed and the petition was allowed - HC
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