Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
GST assessment orders issued under s.74 were challenged on the ground that tax liability was fastened solely on turnover reflected in the income-tax portal, allegedly based on an inflated return, despite a marked mismatch between bank receipts and reported turnover. The Court held that, given the significant discrepancies, the taxpayer's records required forensic examination to ascertain actual turnover and whether liability could be determined merely from the income-tax declaration. Since the impugned orders had also superseded earlier assessments, the matters were remitted to the department to conduct the examination and pass fresh orders on merits subject to stipulated conditions, and the petitions were disposed accordingly. - HC
GST assessment orders issued under s.74 were challenged on the ground that tax liability was fastened solely on turnover reflected in the income-tax portal, allegedly based on an inflated return, despite a marked mismatch between bank receipts and reported turnover. The Court held that, given the significant discrepancies, the taxpayer's records required forensic examination to ascertain actual turnover and whether liability could be determined merely from the income-tax declaration. Since the impugned orders had also superseded earlier assessments, the matters were remitted to the department to conduct the examination and pass fresh orders on merits subject to stipulated conditions, and the petitions were disposed accordingly. - HC
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