Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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Failure to discharge obligations under Regulation 17(9) raised two legal issues: whether the penalty imposed was excessive and whether security deposit could be forfeited. The Tribunal held that Regulations 8(1) and 20 fix the statutory penalty ceiling at Rs.50,000, so imposing the maximum permitted cannot be treated as disproportionate; and the CBLR does not authorize forfeiture of the security deposit. Applying those statutory prescriptions, the impugned order imposing the maximum permissible penalty and not forfeiting the deposit was found valid, and the revenue's appeal was dismissed. - CESTAT
Failure to discharge obligations under Regulation 17(9) raised two legal issues: whether the penalty imposed was excessive and whether security deposit could be forfeited. The Tribunal held that Regulations 8(1) and 20 fix the statutory penalty ceiling at Rs.50,000, so imposing the maximum permitted cannot be treated as disproportionate; and the CBLR does not authorize forfeiture of the security deposit. Applying those statutory prescriptions, the impugned order imposing the maximum permissible penalty and not forfeiting the deposit was found valid, and the revenue's appeal was dismissed. - CESTAT
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