Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
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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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