Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
Overlapping GST proceedings require Central and State authorities to designate one competent authority for coordinated adjudication of the same matter...
Composite healthcare supplies retain exemption when patient care is the contract's essential character, despite payment through an implementing agency...
Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
Section 122(1) of the GST enactments was held to prescribe a mandatory penalty once the provision is attracted, because the phrase "whichever is higher" leaves no discretion to impose a lesser amount on proportionality grounds. The High Court rejected reliance on proportionality decisions from labour and excise jurisprudence, and noted that the petitioners were prima facie liable on the material in the assessment orders. It also found no procedural irregularity or lack of reasons in the impugned orders, and held that the statutory appellate remedy must be pursued instead of writ relief. The writ petitions were dismissed, but the petitioners were allowed to file appeals with the 10% pre-deposit requirement dispensed with.
Section 122(1) of the GST enactments was held to prescribe a mandatory penalty once the provision is attracted, because the phrase "whichever is higher" leaves no discretion to impose a lesser amount on proportionality grounds. The High Court rejected reliance on proportionality decisions from labour and excise jurisprudence, and noted that the petitioners were prima facie liable on the material in the assessment orders. It also found no procedural irregularity or lack of reasons in the impugned orders, and held that the statutory appellate remedy must be pursued instead of writ relief. The writ petitions were dismissed, but the petitioners were allowed to file appeals with the 10% pre-deposit requirement dispensed with.
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