International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Penalty under section 73 of the GST Act was found unjustified on the facts placed before the HC, and the petitioner was left free to make a proper representation on that issue. At the same time, once the tax liability was admitted, interest on belated payment remained payable under section 50(1). Because the order itself recorded an excess tax payment and there was doubt about the calculation, the interest had to be recomputed after adjusting the excess amount already paid. The matter was remitted for fresh determination of the correct interest payable, and only the balance, if any, could be demanded.
Penalty under section 73 of the GST Act was found unjustified on the facts placed before the HC, and the petitioner was left free to make a proper representation on that issue. At the same time, once the tax liability was admitted, interest on belated payment remained payable under section 50(1). Because the order itself recorded an excess tax payment and there was doubt about the calculation, the interest had to be recomputed after adjusting the excess amount already paid. The matter was remitted for fresh determination of the correct interest payable, and only the balance, if any, could be demanded.
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