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Transitional credit verification and deliberate tax-evasion intent determine eligibility and the validity of fraud-based GST notices.
Transitional input tax credit carried forward under section 140(1), where the TRAN-1 declaration exceeds balances in pre-GST ER-1 and ST-3 returns, requires verification against relevant records through a reasoned order before eligibility is determined. Invocation of section 74(1) requires material proving fraud, wilful misstatement, or suppression of facts with deliberate intent to evade tax; incorrect information or ordinary non-declaration alone is insufficient. In the absence of investigation or evidence of deliberate intent, the fraud-based notice cannot be sustained, while the credit claim remains subject to factual verification.
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GST pre-deposit shortfalls require notice and a hearing before appellate dismissal, especially where prior investigation deposits remain unconsidered.
GST appellate authorities must apply statutory pre-deposit requirements consistently with natural justice. A prior deposit made during investigation that exceeds the required pre-deposit is material and must be considered. Where an alleged shortfall is identified, the appellant must receive a defect memo, notice, or hearing and an opportunity to cure the deficiency before dismissal. Appellate rejection without considering the prior deposit or allowing the appellant to address the asserted shortfall is invalid.
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Omission of an export refund restriction without a saving clause invalidates pending GST proceedings based on that restriction.
Rule 96(10) of the CGST Rules was omitted with effect from 8 October 2024. In the absence of an express saving clause or another legal mechanism preserving pending matters, the omitted rule cannot continue to govern proceedings pending on the omission date. Its restrictions therefore cannot be applied to those matters, and proceedings and consequential orders founded on the omitted rule are vitiated.
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Later e-way bills may indicate unreported outward supplies where continuity lacks reliable contemporaneous transport evidence.
Separately generated e-way bills against the same invoice may indicate additional taxable outward movements where electronic bill numbers, validity periods, vehicles or movement particulars are distinct and remain unreconciled. Rule 138 permits changes of conveyance through Part-B updates and, in exceptional circumstances, extension of an existing e-way bill; a fresh e-way bill does not conclusively establish a second supply. Under Section 73, the Department bears the burden of establishing tax short-payment, while continuity of transport, trans-shipment and vehicle changes are matters particularly within the taxpayer's knowledge. Continuity may require contemporaneous delivery, transporter, recipient, toll or other transport evidence. Tax liability can arise without fraud, wilful misstatement or suppression, with delayed payment attracting interest and the prescribed penalty.
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Identical legal questions enable Principal Bench hearing for GST interest-refund disputes across State Benches under the appellate framework.
Section 109(5) of the CGST Act permits the Principal Bench of GSTAT to hear matters pending before different State Benches where they involve an identical question of law and the President is satisfied that such identity exists. The provision applies to eight appeals concerning refund of interest paid on tax discharged through the electronic credit ledger after retrospective substitution of the proviso to Section 50(1). Their common legal question places them for hearing before a Division Bench of the Principal Bench.
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CENVAT credit for common input services remains available, while leased-premises fit-out charges may attract service tax.
Rule 6(5) of the CENVAT Credit Rules, 2004 permits full credit for specified input services used for both taxable and exempt output services unless the input service is used exclusively for exempt services; separate credit accounts are not determinative. After renting of immovable property became taxable, input-service credit must be assessed by the nexus between the input service and the taxable renting output service, rather than by treating the immovable property itself as the relevant test. Fit-out infrastructure forming part of leased office premises is included in the leasing consideration for service-tax purposes. VAT payment does not independently exclude service-tax liability where both levies' factual requirements are met.
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2009 (11) TMI 85 - AT - Income Tax

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Tribunal decision: Depreciation on goodwill allowed, Section 263 invoked dismissed, fee disallowed, capital gain computed
The Tribunal partially allowed the assessee's appeal. It upheld the allowance of depreciation on goodwill and dismissed the CIT's invocation of Section ... Summary

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Acts Income Tax