Assessee – university challenged an order issued under Section 74(1) of the CGST Act confirming GST demand of Rs.16.90 crores along with equivalent penalty and interest on affiliation fees collected by the University for the period 2017-18 to 2022-23.
For export transactions occurring before the Finance Act, 2022 amendment, the determination of iron ore fines (Fe content) must be done on a Wet Metric Tonne (WMT) basis, rejecting the Dry Metric Tonne (DMT) method adopted by the Adjudicating Authority.
A statutory tax charge d noidt constitute a secured interest under the Insolvency and Bankruptcy Code (IBC) therefore, the Court directed the removal of the TNVAT Department’s attachment over the corporate debtor’s property.
A criminal revisional application filed by a firm and its directors for non-payment of tax invoice dues was dismissed as a prima facie case had been made out against assessee, observing that their conduct of denying the transaction after receiving goods indicated a dishonest intention from the inception.
Composite contracts involving supply of materials could not be taxed under construction or other service categories and only the service portion was liable to tax.
A taxpayer could submit a revised return u/s 139(5) only when it discovered a bona fide omission or incorrect statement in the original return submitted u/s 139(1).
The constitutional validity of Section 232B and the proviso to Section 180(2) of the Kolkata Municipal Corporation Act, 1980 was upheld while setting aside specific retrospective tax notices issued by the Kolkata Municipal Corporation(KMC) to a property owner as they neither suffer from manifest arbitrariness nor violate Articles 14, 19 or 300A.
Paragraph 27AA of the Employees’ Provident Fund (EPF) Scheme could not be automatically imposed on establishments exempted under Section 17 of the EPF Act unless the Appropriate Government issued a specific official notification modifying the conditions of such exemption.
Extended period of limitation could not be invoked in the absence of fraud, suppression or wilful misstatement with intent to evade tax and accordingly, set aside the entire demand as time barred.
Interest earned on funds kept in bank during business setup, when those funds were directly linked to the project, was a capital receipt and not taxable as “income from other sources
