Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
A writ petition against a show cause notice was entertained because the matter had been pending for years, pleadings were complete, no further factual enquiry was needed, and the notice itself showed that the amount collected as GST matched the amount paid to the Government. On those admitted facts, the Court treated the issue as a pure question of law on the scope of Section 76 of the CGST Act and held that the provision could not be used to demand tax again merely because payment was made through another GST registration of the same assessee in the same State. Section 76 targets non-remittance of tax collected, not double taxation where the revenue has already received the amount.
A writ petition against a show cause notice was entertained because the matter had been pending for years, pleadings were complete, no further factual enquiry was needed, and the notice itself showed that the amount collected as GST matched the amount paid to the Government. On those admitted facts, the Court treated the issue as a pure question of law on the scope of Section 76 of the CGST Act and held that the provision could not be used to demand tax again merely because payment was made through another GST registration of the same assessee in the same State. Section 76 targets non-remittance of tax collected, not double taxation where the revenue has already received the amount.
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