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...
Belated availing of input tax credit: statutory amendment inserting Sections 16(5)-16(6) (Finance Act 2024, retrospective to 01.07.2017) governs late ITC claims, requiring re-adjudication in favour of the assessee on that legal point - outcome: reassessment on merits. Mismatch between GSTR-2A and GSTR-3B: factual discrepancy must be re-examined by the original authority after hearing the petitioner - outcome: impugned assessment orders quashed and matter remitted. Interim relief conditioned: petitioner to deposit 50% of disputed tax in cash from electronic cash ledger within 30 days; bank attachment to be lifted subject to deposit and no other arrears, failure permitting recovery as if petition dismissed. - HC
Belated availing of input tax credit: statutory amendment inserting Sections 16(5)-16(6) (Finance Act 2024, retrospective to 01.07.2017) governs late ITC claims, requiring re-adjudication in favour of the assessee on that legal point - outcome: reassessment on merits. Mismatch between GSTR-2A and GSTR-3B: factual discrepancy must be re-examined by the original authority after hearing the petitioner - outcome: impugned assessment orders quashed and matter remitted. Interim relief conditioned: petitioner to deposit 50% of disputed tax in cash from electronic cash ledger within 30 days; bank attachment to be lifted subject to deposit and no other arrears, failure permitting recovery as if petition dismissed. - HC
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