Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
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
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
