The Tribunal held that demand under Section 28 cannot be raised before finalisation of provisional assessment. As the goods were cleared provisionally, the duty demand, penalties, and confiscation were quashed.
The Andhra Pradesh High Court held that materials supplied free of cost by service recipients cannot be added to taxable value. The ruling quashed GST demand on cement and other inputs provided without consideration.
The Tribunal held that actuarially valued provisions mandated by law constitute application of income under Section 11 and cannot be disallowed merely due to absence of cash outflow.
The High Court held that non-compliance with enhanced pre-deposit under the extended appeal scheme was a curable defect. It quashed the rejection and directed restoration of the appeal for consideration on merits.
The High Court held that though notice was uploaded on the GST portal, failure to grant personal hearing and explore other service modes vitiated the assessment. The matter was remanded subject to 25% tax payment.
The Court directed tax authorities to release refund under Sections 240 and 244A with interest calculated up to the actual date of payment, following deletion of additions in appeal.
The Delhi High Court held that notices issued after the satisfaction note date were time-barred. Following earlier precedent, the impugned notices were set aside.
ITAT Hyderabad held that failure of the Assessing Officer to examine ownership of multiple houses while allowing Section 54F deduction made the order erroneous and prejudicial. The matter was remanded for fresh adjudication.
The Tribunal upheld deletion of addition under Section 68, holding that reliance on an investigation report without independent verification and without disproving documentary evidence cannot sustain bogus LTCG allegations.
The Kerala High Court set aside composite notices issued under Sections 73 and 74 of the CGST/SGST Act for multiple assessment years. It held that such notices prejudice taxpayers and exceed statutory authority.
