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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
E-way bill validity: expired bills without timely extension or evidence of breakdown trigger detention and penalty without proving tax evasion.
Penalty under Section 129(1)(a) arises from transportation of goods in contravention of GST requirements and does not require proof of tax-evasion intent, because it addresses breach of a civil obligation. E-way bills expired for several days, without a timely extension or cogent evidence substantiating vehicle breakdown, establish such contravention. Stock-transfer documentation, invoices and e-invoices do not replace the requirement for a valid e-way bill. The Circular exception applies only where goods are accompanied by a valid e-way bill. Expired e-way bills without substantiated justification therefore attract detention and penalty consequences.
AI TextQuick Glance (AI)Headnote
Effective hearing in GST penalty proceedings requires reasoned adjudication; payment for release does not waive challenge rights.
Section 129(4) requires an effective hearing and a reasoned penalty determination addressing the taxpayer's explanation and supporting material. For specified beverages moving between districts in Chhattisgarh, Rule 138(14)(d), read with the relevant notification, retains e-way bill requirements above the prescribed threshold. Payment through DRC-03 to secure release does not waive a statutory challenge or cure defective adjudication. Section 113(1) permits fresh adjudication by the original authority, confined to the existing notice and requiring factual consideration of the explanation for non-generation of the e-way bill.
AI TextQuick Glance (AI)Headnote
Compensation Cess refund eligibility depends on satisfying inverted-duty conditions, not merely inability to use cess credit on domestic supplies.
Refund of accumulated Compensation Cess input tax credit on coal used for domestic outward supplies requires independent satisfaction of the inverted tax structure conditions under Section 54(3) of the CGST Act. Availability of Compensation Cess credit and absence of blocked-credit restrictions do not themselves create a cash-refund entitlement. Compensation Cess credit remains restricted to payment of Compensation Cess, but non-utilisability against other liabilities is not an independent refund ground. Rule 89(5) applies only after substantive refund eligibility is established. Circulars concerning zero-rated supplies do not support refund claims for domestic supplies merely because the output is not subject to Compensation Cess; the claims were therefore not admissible.
Quick Glance (AI)Headnote
Nil withholding certificates for cost cross-charges remain subject to regular assessment of their income-tax taxability.
Section 197 nil-withholding certificate proceedings concerned cost cross-charges claimed to be cost-to-cost reimbursements not chargeable to tax. The Assessing Officer treated the services supplied to the associated enterprise as technical services and the related payments as taxable fees for technical services. The Supreme Court dismissed the challenge to the High Court order while clarifying that the Revenue may examine the receipts' taxability in the regular assessment process.
AI TextQuick Glance (AI)Headnote
Essential evidence may be admitted without costs when additional documents and witness proof are needed to decide disputed facts.
Section 311 of the Code of Criminal Procedure permits summoning, examining, recalling or re-examining witnesses at any stage and requires its use where evidence is essential to a just decision. Where additional documents are necessary to resolve facts in issue, their admission may require witness examination to prove them. The power serves truth and justice without favouring either side. When an application is allowed because the proposed evidence is necessary to decide those facts, costs should not be imposed merely for permitting the documents' production and proof.
AI TextQuick Glance (AI)Headnote
Centralised tax assessments do not bar prescribed notices, while preliminary information requests ordinarily require statutory remedies first.
Income-tax notices under Section 143(2) may be issued by either the Assessing Officer or a duly prescribed income-tax authority. Centralisation of a case with a designated Assessing Officer does not, by itself, remove the prescribed authority's competence to issue such a notice. Notices under Section 142(1) are information-gathering measures that do not finally determine liability or prejudice rights. Jurisdictional and factual objections may be raised during assessment and through statutory appeals; writ jurisdiction generally does not intervene at this preliminary show-cause stage while effective remedies remain available.
Quick Glance (AI)Headnote
Show-cause notice absence and natural justice claims failed in petitions seeking release of gold seized by customs.
Customs seizure of a gold chain was challenged through special leave petitions seeking its release, alleging absence of a show-cause notice and breach of natural justice. The Supreme Court dismissed the petitions in view of its prior decision on the issue, which governed the request for release of the seized chain.
AI TextQuick Glance (AI)Headnote
Interest waiver for ICEGATE payment failures remains available where timely import-duty payment was delayed by portal malfunction.
Interest paid on import duty is refundable where an importer initiated timely payment but an ICEGATE technical failure delayed reflection of the Electronic Cash Ledger credit. Section 47 of the Customs Act and the Customs (Waiver of Interest) 3rd Order support waiver in such circumstances. The advisory acknowledging continued portal inability until 27 July 2023 establishes that the delay arose from system malfunction rather than importer default. The waiver remains available even where Bills of Entry were filed after 13 April 2023, provided the delayed payment reflection resulted from the portal failure.
AI TextQuick Glance (AI)Headnote
Writ review of a Section 74 show-cause notice requires lack of issuing authority competence; limitation and turnover disputes await adjudication.
Writ jurisdiction over a Section 74 show-cause notice is confined to a challenge that the issuing authority lacks competence. Objections that the notice is time-barred or includes another entity's turnover require determination by the competent authority, particularly where the notice permits a written reply and personal hearing. In the absence of any alleged lack of jurisdiction, writ interference with the notice is not warranted, and the affected person may raise those objections during adjudication.
AI TextQuick Glance (AI)Headnote
Bill-to/Ship-to GST supplies remain valid when movement is documented and e-way bills are generated by responsible persons.
Bill-to/Ship-to supplies are legally permissible where an original supplier dispatches goods directly to the ultimate consignee on an intermediate buyer's direction, provided the transactions are genuine, documented, accounted for and taxed. Valid e-invoices should identify the Bill-to and Ship-to parties, while e-way bills must correspond to the movement and may be generated by the person causing it, including the applicable consignor or consignee. Where those requirements are met before interception, detention and penalty cannot rest solely on the original supplier's failure to generate an e-way bill.
AI TextQuick Glance (AI)Headnote
Monetary-limit policy bars departmental GST penalty appeals unless a pleaded, supported exception justifies filing below the threshold.
Departmental GST appeals before GSTAT are subject to the prescribed monetary-limit policy under the Uttar Pradesh GST Act. Where only penalty is disputed and the amount falls below the applicable threshold, the appeal requires a specifically pleaded and supported exception. Statutory authorisation to file an appeal does not independently satisfy that requirement. A recurring legal issue, another specified exception, or a reasoned case-specific exercise of residual power must be established to depart from the policy. In the absence of such material, the departmental appeal is not maintainable.
AI TextQuick Glance (AI)Headnote
Monetary-limit compliance bars departmental GST appeals unless a recognised, supported exception is established before merits review.
Section 120 of the Uttar Pradesh GST Act authorises monetary-limit instructions for departmental appeals. For Tribunal appeals, the applicable instruction requires aggregation of disputed tax alone, excluding interest and penalty where tax is disputed, and sets a threshold of Rs. 20,00,000. Commissioner authorisation under Section 112(3) does not override that policy. An appeal below the threshold requires a specifically pleaded and supported recognised exception; reliance on interests of justice or revenue requires a case-specific, reasoned opinion of the Commissioner. Without such material, the departmental appeal is not maintainable and cannot proceed to merits adjudication.
AI TextQuick Glance (AI)Headnote
Effective cross-examination rights survive a missed hearing when fresh witness notices create a renewed opportunity.
Effective cross-examination must be provided before completing a fresh assessment where prior directions require witnesses to be made available in accordance with principles of natural justice. An assessee's failure to attend an initially fixed hearing does not exhaust that right when the Assessing Officer subsequently issues fresh notices to the assessee and witnesses; those notices condone the earlier lapse. If the assessee attends the rescheduled hearing but witnesses do not, assessment without cross-examination is vitiated. Fresh assessment must follow cross-examination of both witnesses, subject to stipulated witness costs.
AI TextQuick Glance (AI)Headnote
Interest on requisitioned cash covers the statutory pre-assessment period and compensates unjustified retention after assessment.
Interest on requisitioned cash accrues under Section 132B(4) at simple interest of one-half per cent for every month or part of a month, from the day after expiry of 120 days following execution of the requisition until completion of assessment. Where assessment determines no tax liability, Section 132B(3) requires forthwith release of remaining seized assets. Continued post-assessment retention may attract compensatory interest on restitutionary principles despite no express statutory provision for that period. Compensation for deprivation of the use of money does not depend on whether the Revenue earned interest on the retained cash.
AI TextQuick Glance (AI)Headnote
Penalty proceedings during a pending Tribunal appeal cannot continue, regardless of whether the Assessing Officer received notice.
Section 275(1)(a) requires penalty proceedings under Section 270A to remain in abeyance while an appeal against the relevant assessment order is pending before the Appellate Tribunal. Where the appeal was filed and remained pending when the penalty order was issued, the order contravenes that requirement and cannot stand. The Assessing Officer's awareness or lack of intimation of the pending appeal does not affect this consequence.
AI TextQuick Glance (AI)Headnote
Show-cause notice limits under GST prevent adjudication orders from imposing tax or penalty beyond proposed demands.
Section 75(7) of the GST law restricts an adjudicating authority to confirming only the tax and penalty proposed in the show-cause notice. The provision operates as a mandatory jurisdictional limit. Where the adjudication order confirms tax and penalty exceeding the respective amounts proposed in the notice, the excess confirmation is without jurisdiction and invalid.
AI TextQuick Glance (AI)Headnote
Disclosure of relied-upon documents and reasoned cross-examination decisions require fresh GST adjudication after ex parte procedural defects.
Ex parte GST adjudication is procedurally defective where requests for relied-upon documents and cross-examination remain unaddressed. Available relied-upon documents must be furnished, undisclosed documents excluded from reliance, and any cross-examination request decided by a reasoned order. Fresh adjudication should follow only after these disclosure and procedural requirements are properly addressed.
AI TextQuick Glance (AI)Headnote
Pre-deposit rules for penalty-only statutory appeals depend on whether proceedings began before the amended appeal requirement took effect.
Pre-deposit for a statutory appeal against a penalty-only order must be determined under the principles applicable where proceedings were initiated before the amended appeal requirement took effect. Because the show-cause notice predates the amendment, the appellant is entitled to the benefit of the applicable pre-amendment principles governing penalty-only proceedings. The required pre-deposit must therefore be assessed by reference to those principles rather than solely under the amended framework.
AI TextQuick Glance (AI)Headnote
Optional first-proviso deduction for doubtful or loss assets remains available despite deduction under the main bad-debt provision.
Deduction for provisions for bad and doubtful debts under the first proviso to section 36(1)(viia)(a) operates as a separate optional benefit from the main-clause deduction. The phrase "at its option" gives the assessee the choice to claim the special deduction for assets classified under RBI guidelines as doubtful or loss assets; it cannot be treated as redundant or made conditional on the Assessing Officer's discretion. Allowance of deduction under the main clause does not, by itself, exhaust or bar the first-proviso deduction, provided the RBI classification, prescribed conditions and statutory ceiling are satisfied.
AI TextQuick Glance (AI)Headnote
Provisional Release Security Excludes Unascertained Penalties, While Detained Goods Receive Full Demurrage and Related Charges Waiver
Provisional-release security should protect the assessable value through a bond without requiring security for fines or penalties that remain unascertained pending investigation and consequential proceedings. Security conditions may be recalibrated where prior clearance of goods from the same exporter on a certificate of origin is relevant. Regulation 6(1)(l) bars a Customs Cargo Service Provider from charging rent or demurrage on seized, detained or confiscated goods, subject to other applicable law. The detained consignment consequently received complete waiver of demurrage and related charges.

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2023 (6) TMI 1083 - AT - Service Tax

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Tribunal overturns service tax demand on compensation for breach of contract.
The Tribunal set aside the order confirming a service tax demand on M/s. M. N. Dastur & Co. Pvt Ltd for receiving excess compensation upon ... Summary

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Acts Income Tax