Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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...
Recovery proceedings were initiated under s.79(1)(f) pursuant to an order under s.73 of the KGST Act, 2017, passed after the noticee failed to file a reply to the show-cause notice or contest the proceedings. The court held that where non-participation is pleaded to be due to bona fide reasons, unavoidable circumstances, and sufficient cause, a justice-oriented approach warrants affording one final opportunity. Accordingly, the adjudication order dated 07.05.2024 was set aside and the matter was remitted to the authority for fresh consideration from the stage of filing reply to the notice dated 28.02.2024, subject to payment of costs. - HC
Recovery proceedings were initiated under s.79(1)(f) pursuant to an order under s.73 of the KGST Act, 2017, passed after the noticee failed to file a reply to the show-cause notice or contest the proceedings. The court held that where non-participation is pleaded to be due to bona fide reasons, unavoidable circumstances, and sufficient cause, a justice-oriented approach warrants affording one final opportunity. Accordingly, the adjudication order dated 07.05.2024 was set aside and the matter was remitted to the authority for fresh consideration from the stage of filing reply to the notice dated 28.02.2024, subject to payment of costs. - HC
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