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...
Error in reporting debit notes caused mismatch of input tax credit because the GST portal matches only buyer-acknowledged credit notes in GSTR-1 and ignores seller-entered debit notes, despite tax having been admitted and paid on those debit notes; consequence-mismatch in GSTR-2A and reversal of electronic credit balance. Legal determination: where the discrepancy is revenue-neutral and arises from misclassification in GSTR-1, the revenue must permit rectification; consequence-respondents directed to reopen the portal for amendment of GSTR-1/GSTR-3B (or accept manual amendments) and the impugned order is quashed. - HC
Error in reporting debit notes caused mismatch of input tax credit because the GST portal matches only buyer-acknowledged credit notes in GSTR-1 and ignores seller-entered debit notes, despite tax having been admitted and paid on those debit notes; consequence-mismatch in GSTR-2A and reversal of electronic credit balance. Legal determination: where the discrepancy is revenue-neutral and arises from misclassification in GSTR-1, the revenue must permit rectification; consequence-respondents directed to reopen the portal for amendment of GSTR-1/GSTR-3B (or accept manual amendments) and the impugned order is quashed. - HC
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