Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Seizure of goods and levy of penalty were challenged on the ground that the e-way bill validity allegedly expired due to an auto-generated Part-B showing an incorrect distance. The goods were motor vehicle chassis duly accompanied by tax invoice, e-way bill, sale certificate, and temporary registration, and the delivery location was specifically reflected in the documents. As the distance field was auto-populated after Part-A and was not editable by the taxpayer, the authority had no basis to infer tax evasion, and mere expiry of an e-way bill was held insufficient to establish intent to evade tax. The seizure and penalty order was quashed and the petition was allowed - HC
Seizure of goods and levy of penalty were challenged on the ground that the e-way bill validity allegedly expired due to an auto-generated Part-B showing an incorrect distance. The goods were motor vehicle chassis duly accompanied by tax invoice, e-way bill, sale certificate, and temporary registration, and the delivery location was specifically reflected in the documents. As the distance field was auto-populated after Part-A and was not editable by the taxpayer, the authority had no basis to infer tax evasion, and mere expiry of an e-way bill was held insufficient to establish intent to evade tax. The seizure and penalty order was quashed and the petition was allowed - HC
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