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
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3 articles
E-Way Bill With Entirely Different Vehicle Number: GSTAT Agra Bench Records Split Decision Between Judicial and Technical Members
The GSTAT Agra Bench has recorded a split decision in a Revenue appeal where goods were being transported with an e-way bill mentioning an entirely different ve…
Excess Stock Found During Survey: Proceedings Under Section 130 Unsustainable, Section 73/74 Is the Only Permissible Route
The GSTAT Agra Bench has dismissed four Revenue appeals and upheld the First Appellate Authority's quashing of Section 130 proceedings initiated against brick f…
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