The Tribunal upheld duty and interest on use of a fraudulently enhanced duty credit scrip but ruled that penalty under section 114AA cannot be imposed without proof of knowledge or intent. The key takeaway is that mens rea is mandatory for section 114AA penalties.
The Court examined detention of a gold bar where no show cause notice was issued after seizure. Relying on Supreme Court precedent and the petitioner’s undertaking, release was directed upon payment of duty, fine, and penalty.
The Court ordered payment of statutory interest after refund was sanctioned belatedly. The ruling underscores that interest follows delayed refunds under the CGST framework.
The court set aside GST registration cancellation after finding that the authorities passed templated orders without reasons. The ruling stresses that replies and documents must be properly considered before cancelling registration.
The Court examined a reassessment initiation where the assessee was given less than 24 hours to respond. Holding this to be contrary to Section 148A(b) and natural justice, the order and notice were quashed.
The Tribunal examined how brought-forward losses should be computed for MAT purposes. It held that losses as on the end of the preceding year must be considered, not figures altered during the assessment year.
The Court dealt with delay in implementation of a customs order directing release of seized gold. It ordered execution of the Order-in-Original within a fixed time and clarified duty and warehousing liability.
The High Court set aside a cancellation order that failed to address the taxpayer’s reply or record reasons. The ruling underscores that unreasoned orders cannot survive judicial scrutiny.
The High Court set aside GST orders where IGST demand was raised despite tax being paid as CGST and SGST. The ruling directs fresh consideration and refund of excess tax, if any, under Section 77.
The Tribunal examined whether an allotment letter fixing consideration could qualify as an agreement under section 56(2)(vii)(b). It held that where part payment is made by cheque, stamp duty value on the allotment date must be adopted.
