llegations of forged invoices and wrongful ITC claims did not justify custodial interrogation. The court extended anticipatory bail with strict conditions.
The court held that GST laws form a complete code for tax evasion offences. Parallel prosecution under the IPC was quashed to prevent double jeopardy.
The High Court quashed a Section 122 show cause notice due to jurisdictional issues. The ruling allows the department to issue a fresh notice in accordance with law.
The court flagged a conflict between circular instructions and ground-level officer availability. Final orders cannot be enforced without court approval.
The court held that the Deputy Commissioner had valid jurisdiction under Section 74 due to lawful sub-delegation by the Commissioner. The key takeaway is that administrative orders can validly assign GST adjudicatory functions.
Reassessment was struck down as no satisfaction note by the searched person’s AO was shown. The ruling reiterates that limitation cannot be bypassed through procedural shortcuts.
The Tribunal held that denial of TDS credit solely on mismatch grounds requires factual verification. The Assessing Officer must examine whether the individuals in whose names TDS was deducted have already claimed the credit.
Issue involved whether adjudication fails if cross-examination under Section 138B is not provided. The Court held that cross-examination is mandatory only when specifically sought, and the Tribunal erred by presuming a violation without deciding this factual issue.
The Court held that GST exemption under the 2025 notification applies only to individual health insurance policies. Group policies obtained through collective bargaining were ruled ineligible for exemption.
The court declined to interfere with GST registration cancellation where the taxpayer failed to reply to a show-cause notice, holding that revocation must be sought before the Proper Officer under Section 30. Liberty was granted to apply for revocation within the statutory framework.
