Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
After interception of goods in transit, the Court held that the authorities could not bypass the detention and seizure process under section 129 and proceed straight to confiscation under section 130 by issuing Form GST MOV-10. It applied its earlier Gujarat HC decision that sections 129 and 130 operate in distinct fields, and that confiscation under section 130 is relevant only where intention to evade tax is involved. Because proceedings had been initiated under section 129 but were then converted directly into confiscation proceedings, the notice and consequential action were unsustainable and were quashed.
After interception of goods in transit, the Court held that the authorities could not bypass the detention and seizure process under section 129 and proceed straight to confiscation under section 130 by issuing Form GST MOV-10. It applied its earlier Gujarat HC decision that sections 129 and 130 operate in distinct fields, and that confiscation under section 130 is relevant only where intention to evade tax is involved. Because proceedings had been initiated under section 129 but were then converted directly into confiscation proceedings, the notice and consequential action were unsustainable and were quashed.
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