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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20 articles
Right to Cross-Examine Cannot Be Denied Where Assessing Authority Finds Statements Credible and Relies on Them
The Madras High Court Division Bench has set aside a common assessment order confirming denial of ITC on the ground that the transactions were fictitious, holdi…
State Authorities Cannot Proceed After Central Authorities Have Issued Earlier Order on Same Issues
The Madras High Court has quashed an assessment order and rectification order issued by the State Tax authorities, holding that both orders related to the same…
Section 129 Penalty Upheld Where Supplier Generated E-Way Bill Showing Delivery Address That Was Not…
The Madras High Court has declined to interfere with a Section 129 penalty order where the e-way bill generated by the supplier mentioned a delivery address tha…
Section 128A Amnesty Scheme: Time Limit Under Rule 164(6) for Filing Waiver Application Is Mandatory, Not Directory
The Madras High Court has held that the time limit prescribed under Rule 164(6) of the CGST Rules for lodging an application for waiver under Section 128A (the…
Showing 1–10 of 20 articles