HC held that, there is no malice or lack of jurisdiction of Revenue Department to initiate proceedings and passing the order for confiscation of gold and levy of penalty, as discrepancy in quantity mentioned in documents and quantity recovered was sufficient reason for Revenue Department to suspect GST evasion.
HC Held that assessee is entitled for migration of TDS amount in terms of Section 140(1) of CGST Act. Further held that, restriction on ITC only applies if there is an express prohibition under CGST Act.
HC set aside reassessment order against assessee, for non-supply of information/ material by Revenue Department for reopening of assessment.
Held that, stating specific charges in the SCN is part of due procedure and fair play in action which are essential requirements of rule of law and has its genesis in Article 14 of the Constitution of India and since the principles of natural justice is not complied with, the ground of alternative remedy is not acceptable. Remanded back the matter to pass a fresh order after following the due procedure of law from the stage of issuing fresh SCN.
CESTAT held that, once assessee had reversed proportionate credit attributed to exempted goods, no demand of 10% of value of goods can be raised by Revenue Department.
When the test reports were available on record, there was no need to go to the website and Wikipedia for the meaning of the product.
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HC set aside detention order passed against assessee on the grounds of expiry of E-way bill. Held that, mere expiry of E-way bill does not create any scope for evasion, hence, in absence of evasion, there cannot be any loss to Revenue Department.
