Delayed judgment pronouncement alone does not invalidate Tribunal orders, while rectification cannot reopen evidence or negate confiscation-related pe...
Agricultural-land reinvestment qualifies when transfer consideration precedes replacement purchase, while unexamined claims may be reassessed on escap...
Bona fide public fixed-deposit explanations prevent concealment penalties where unexplained-credit additions lack independent evidence of undisclosed ...
Section 129 transit penalties may operate on a strict-liability basis, but still require proof of a statutory breach attracting the penalty. Where invoices, e-way bills and bilty documents matched the goods, the buyer was identifiable, and historical records supported use of its former address, a repeated consignee-address entry was treated as a bona fide documentary error. In the absence of evidence of a fictitious purchaser, diversion, clandestine unloading, value suppression, or tax evasion, the discrepancy did not establish a substantive transit violation. The transit penalty and consequential recovery were annulled, while tax lawfully payable on the supply remained unaffected.
Section 129 transit penalties may operate on a strict-liability basis, but still require proof of a statutory breach attracting the penalty. Where invoices, e-way bills and bilty documents matched the goods, the buyer was identifiable, and historical records supported use of its former address, a repeated consignee-address entry was treated as a bona fide documentary error. In the absence of evidence of a fictitious purchaser, diversion, clandestine unloading, value suppression, or tax evasion, the discrepancy did not establish a substantive transit violation. The transit penalty and consequential recovery were annulled, while tax lawfully payable on the supply remained unaffected.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4905 
