The Tribunal confirmed demand under Section 73(2), citing the Managing Director’s admission and failure to register for manpower services. Cum-tax valuation was allowed for recalculation of liability.
The Tribunal upheld penalty for non-filing of return under Explanation 3 but ruled that computation must reduce TDS and self-assessment tax paid before notice. Penalty was reduced from Rs. 8.56 lakh to Rs. 85,992.
ITAT Amritsar upheld rejection of 12AB registration after finding that only ₹2.51 lakhs out of ₹40 lakhs received was spent on charitable activities. The Tribunal held that minimal charity expenditure and dominant non-charitable spending justified denial of registration.
The High Court permitted the assessee to file an appeal beyond limitation upon depositing 50% of disputed tax in two instalments. Non-compliance would permit recovery proceedings.
The Tribunal held that Notification 1/2016-ST retrospectively expands “specified services,” making head-office services used for export eligible for refund. Rejections based on pre-amendment interpretation were set aside with limited remand for verification.
CESTAT Chennai set aside a ₹92 lakh customs demand on imported natural rubber latex, holding the show cause notice was issued beyond the limitation period. The Tribunal ruled that without proof of wilful misstatement, extended limitation cannot apply.
The High Court set aside the discharge of a company director in proceedings under Section 276B, holding that the Trial Court’s finding was common and already overturned for the Managing Director. The matter was remitted, granting liberty to contest involvement in day-to-day affairs.
The Court held that the two-year limitation under Section 54 of the CGST Act begins from the date of payment under the correct head. Refund rejection as time-barred was quashed.
The Tribunal held that once the return is accepted as valid under Section 139(1), denial of carry forward loss on belated filing grounds is contradictory and unsustainable.
CAAR Mumbai ruled that internally and externally threaded elbows, bends, tees, sleeves and crosses must be classified under specific tariff headings based on material composition. The Authority held that specific entries prevail over general or residuary classifications under the Customs Tariff Act.
