Section 147A of the Income Tax Act declared unconstitutional • Penalty confirmed in the adjudication order cannot exceed penalty proposed in the show cause notice • Refund cannot be appropriated against a demand for which statutory pre-deposit has been made and appeal is pending • Show cause notice issued before audit observations are finalised is not legally sustainable • Circular restricting inverted duty refund where input and output are the same is inapplicable where ITC… • Penalty imposed on Director under Section 122(1A) in an appeal filed only by the Company • Unaccounted stock found on business premises during survey cannot attract confiscation under Section 130 • Appellate Authority cannot uphold tax demand under Section 74 while substituting penalty under Section 73
267 articles
The Court held that Section 75(7) of the CGST Act is mandatory and once the legislature has forbidden the adjudicating authority from confirming any demand in e…
The Court held that once the prescribed pre-deposit of 20% of the disputed demand has been made and an appeal has been filed, recovery of the balance demand sta…
The Division Bench, led by the Chief Justice, held that CBIC Circular No. 135/5/2020-GST addresses only the narrow situation where ITC accumulates on account of…
The Tribunal held that a penalty under Section 73(9) can follow only a determination under Section 73(1), and that a Section 73 penalty riding on a subsisting S…
The Tribunal held that when a government department executes targeted physical repair tasks for a commercial entity to facilitate its business layout, it steps…
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