The Court held that input tax credit claimed on invoices from non-existent dealers justified penalty under VAT law. It reaffirmed that the burden of proof lies on the assessee and cannot shift to the Revenue.
The Court set aside a show cause notice that combined several financial years into one proceeding. It held that each assessment year must be treated separately under Section 73 of the CGST Act.
The Court held that each financial year creates a separate cause of action, making a consolidated notice legally unsustainable. It quashed the notice and allowed fresh year-wise proceedings.
The ruling found that issuing a single notice for multiple tax years violates statutory requirements. The Court quashed the notice and permitted authorities to issue separate notices for each year.
The case examined whether a modified return could be scrutinized again after assessment. The ruling clarified that once assessment is completed considering reorganisation, further scrutiny is impermissible.
The issue was whether a notice granting less than the statutory minimum time is valid. The tribunal held that giving less than 7 days violates mandatory provisions, rendering the notice and entire reassessment proceedings invalid.
ITAT Bangalore holds Rule 7B governs coffee income, not Rule 7, and remands case for segregation of own-grown vs purchased coffee. Clarifies 40% taxable business income and limits agricultural exemption.
The tribunal examined whether duty drawback should be taxed on accrual or actual receipt. It held that as per law, duty drawback is taxable only in the year of receipt, and additions based on accrual were unsustainable.
The Tribunal held that advances received under an uncompleted sale agreement are not taxable. Income arises only when transfer or forfeiture occurs.
ITAT Bangalore rules skill development qualifies as education, allowing Sec 11 exemption to charitable trust. Rejects commercial activity view, follows Karnataka HC, and grants full tax relief.
