Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Concessional GST for freight and time charter services was subject to non-availment of input tax credit, but the Court held that wrongly availed credit did not justify denial of the concessional entry by applying the higher tax rate. Treating the notification as both a rate and exemption notification, the Court applied Chandrapur Magnet Wires and Unichem Laboratories and held that the proper course was reversal or payment of the inadmissible credit, with interest and penalty. The impugned order was quashed and the matter remitted for fresh determination of the actual credit wrongly availed and utilised, together with consequential interest and 100% penalty.
Concessional GST for freight and time charter services was subject to non-availment of input tax credit, but the Court held that wrongly availed credit did not justify denial of the concessional entry by applying the higher tax rate. Treating the notification as both a rate and exemption notification, the Court applied Chandrapur Magnet Wires and Unichem Laboratories and held that the proper course was reversal or payment of the inadmissible credit, with interest and penalty. The impugned order was quashed and the matter remitted for fresh determination of the actual credit wrongly availed and utilised, together with consequential interest and 100% penalty.
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