Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
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