Court rules partial co-ownership of property constitutes ownership under Section 54F, disallowing exemptions claimed on reinvested capital gains. Tribunal’s earlier allowance set aside.
he Court held that the penalty for an unfilled Part-B of the e-way bill could not stand as the authority recorded no attempt to evade tax. The ruling reinforces that Section 129 requires a specific finding of evasion.
Court held that penalty under Section 48(5) cannot rest on presumption and requires verification of account books, which authorities failed to conduct. All orders were set aside.
Allahabad High Court rejected writ petition challenging a Rs. 17.7 crore penalty, directing broker to pursue statutory appeal under Customs Act for proper adjudication.
The High Court permitted shifting of goods from SEZ to a bonded warehouse while pending show-cause adjudication, subject to filing YBE, verification, and re-warehousing certificate within 45 days.
The Court held that interest and penalty cannot be imposed when not proposed in the show cause notice, setting aside the assessment and attachment orders.
Allahabad High Court quashes GST adjudication and appellate orders where personal hearing coincided with the notice submission date, mandating fresh hearing for procedural fairness.
Court emphasizes procedural compliance in PAN usage, quashing notice and order issued under surrendered PAN and ensuring proper reassessment steps.
The Andhra Pradesh High Court invalidated GST assessments where notices under Rule 142(1A) were not issued before assessment, emphasizing mandatory compliance prior to Oct 2020.
High Court quashes penalty computed under Section 129(1)(b) and directs reassessment under Section 129(1)(a) where goods were accompanied by valid documentation.
