The issue involved penalty imposed for alleged GSTIN discrepancy in transit goods. The Court held that payment concludes proceedings but allowed appeal without further pre-deposit.
The Court held that failure to prove identity and source of creditors attracts Section 68. Such unexplained credits cannot be treated as business income or eligible for deduction under Sections 80-IA/80-IB.
The Court held that provisional attachment under Section 110(5) lapses after six months if not extended. It ruled that failure to pass a timely extension order renders the attachment invalid.
The issue involved recovery of input tax credit without initiating action against the supplier. The Court held that coercive recovery should be stayed, emphasizing that authorities must first proceed against the supplier.
The Court granted bail noting absence of direct evidence connecting the applicant to the alleged fraudulent firm. The decision highlights that mere allegations without supporting material are insufficient to deny bail.
The Court noted that a system exists to provide temporary GST IDs for aggrieved persons. No further directions were issued as the grievance had been resolved.
The Court directed authorities to reconsider the petitioner’s application under the scheme. It noted that a co-noticee had already received relief under the same proceedings.
The case examined whether bail could be granted when the accused was not named in the FIR and lacked direct linkage to the alleged offence. The Court granted bail, noting absence of evidence connecting the applicant to the alleged GST fraud.
The Court granted bail noting that the case was based on documentary evidence and no custodial remand was sought. It held that continued detention was not necessary where the accused could cooperate during trial.
The court set aside an ex-parte adjudication order where no reply was filed to the show-cause notice due to a bona fide lapse. The matter was remitted for fresh consideration, emphasizing the importance of providing an opportunity to respond.
