Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
