The Interim Resolution Professional should perform all his functions as contemplated, inter-alia, by Sections 15, 17, 18, 19, 20 & 21 of the Code and transact proceedings with utmost dedication, honesty and strictly in accordance with the provisions of the Code, Rules and Regulations.
Although in the tax statute the limitation was interpreted in strict manner but when the legislature itself had prescribed extended period of time after period of limitation then the Authority ought to have considered such aspect and examined the cause shown by the appellant.
Detention of a foreign national’s 84-gram gold chain by Customs without issuance of a Show Cause Notice (SCN) within one year u/s 110 of Customs Act was invalid and the continued detention was impermissible in law.
Once the death was intimated, the Department ought to have proceeded against the legal heirs rather than the deceased. Since the impugned order was passed against a dead person, it was invalid in law.
Premature issuance of the order nullified the opportunity for the taxpayer to present its defense and documents, which was fundamental to fair adjudication. Therefore, the impugned order was set aside and the department was directed to re-adjudicate the matter.
Refund of CENVAT Credit was permissible on input services used in export, even if the exported output service was not taxable during the relevant period.
Mere clerical error in filing GSTR-3B, when GSTR-1 reflected correct figures and no revenue loss occurred to department, could not be a ground for raising tax demands and taxpayer was permitted to rectify a clerical error made while filing GSTR-3B.
Transfer or assignment of leasehold rights of industrial plots did not amount to a taxable supply under the Goods and Services Tax Act, 2017 as per provisions of Section 7(1)(a) read with Schedule II and Schedule III.
Assessee also moved an application for admission of additional evidence (sale deed, tripartite agreement, purchase document) under Rule 29 of the Income Tax Appellate Tribunal Rules, 1963.
Expired bank guarantee couldn’t be enforced post CIRP (corporate insolvency resolution process) as no claim was lodged by authority during the validity period of the guarantee.
