The Madras High Court held that general penalty under Section 125 of the GST enactments cannot be imposed where a specific late fee provision exists under Section 47. The Court quashed the penalty portion of the GST order relating to delayed annual return filing.
The Andhra Pradesh High Court held that a GST assessment order without a DIN number is invalid and non-est. The matter was remanded for fresh adjudication by the Assessing Officer.
The Karnataka High Court held that retrospective insertion of Section 16(5) extends the timeline for claiming ITC for financial year 2018-19. The Court quashed the adjudication order denying ITC based on limitation under Section 16(4).
The Allahabad High Court held the GST arrest illegal after finding that written grounds of arrest were not properly annexed to the arrest memo or furnished in compliance with Supreme Court guidelines.
The Court ruled that assessment proceedings cannot continue in the name of a deceased proprietor. Fresh notices, if any, must be issued to the legal heirs in accordance with law.
The Calcutta High Court refused to entertain the Income Tax Department’s appeal after finding that the Revenue failed to identify any applicable exceptional clause to bypass the low tax effect limit.
The Orissa High Court directed GST authorities to withdraw bank attachment notices after the taxpayer undertook to pay admitted GST dues in installments. The Court ordered phased payment of the outstanding amount subject to strict timelines.
The Tribunal ruled that deemed dividend provisions require evidence of withdrawal from a company in which the assessee is a shareholder. Since the shortage related to a proprietary concern, the addition was deleted.
ITAT Delhi held that notional interest on business advances cannot be taxed without actual accrual or receipt of income. The Tribunal deleted the addition after finding that the advances were made during the ordinary course of business.
The Tribunal observed that once the Revenue accepted sales arising from the same goods, it could not entirely disallow purchases as bogus. The decision emphasized the importance of stock records, invoices, and transport documents.
