Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Section 74 of the GST Act cannot be invoked without material showing fraud, wilful misstatement or suppression with intent to evade tax; where the taxpayer reversed the disputed input tax credit before notice and the Revenue showed no conscious involvement in any fraudulent arrangement, the proceedings were held unsustainable. Interest under Section 50 was also refused because wrongly availed credit had been reversed before the show cause notice and the Electronic Credit Ledger retained surplus balance, so utilisation was not established. A further demand and penalty on the same reversal was treated as double taxation and beyond jurisdiction, and the impugned orders were quashed.
Section 74 of the GST Act cannot be invoked without material showing fraud, wilful misstatement or suppression with intent to evade tax; where the taxpayer reversed the disputed input tax credit before notice and the Revenue showed no conscious involvement in any fraudulent arrangement, the proceedings were held unsustainable. Interest under Section 50 was also refused because wrongly availed credit had been reversed before the show cause notice and the Electronic Credit Ledger retained surplus balance, so utilisation was not established. A further demand and penalty on the same reversal was treated as double taxation and beyond jurisdiction, and the impugned orders were quashed.
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