Deferred Payment of Customs Duty extended to Eligible Manufacturer Importers with electronic registration and ICEGATE authentication for conditional c...
Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Whether mere deviation of route during transit, when the consignment was accompanied by valid tax invoice and no discrepancy in goods or documents was found, could justify detention and penalty under s.129 CGST/KGST was answered in the negative. The authority relied only on a cyclostyled driver statement and produced no material to prove deliberate diversion or intent to evade tax, while the taxpayer offered a prompt, plausible explanation of inadvertent route-miss. Since s.129 is invocable only upon deliberate tax evasion and not for technical or minor lapses, the orders imposing s.129 penalty were held illegal and were set aside, with liberty to proceed, if at all, only under s.125. - HC
Whether mere deviation of route during transit, when the consignment was accompanied by valid tax invoice and no discrepancy in goods or documents was found, could justify detention and penalty under s.129 CGST/KGST was answered in the negative. The authority relied only on a cyclostyled driver statement and produced no material to prove deliberate diversion or intent to evade tax, while the taxpayer offered a prompt, plausible explanation of inadvertent route-miss. Since s.129 is invocable only upon deliberate tax evasion and not for technical or minor lapses, the orders imposing s.129 penalty were held illegal and were set aside, with liberty to proceed, if at all, only under s.125. - HC
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