The issue was whether a Joint Development Agreement (JDA) constituted transfer triggering capital gains. The tribunal held no taxable transfer occurred as rights were unsettled due to partition disputes and lack of finality.
Bright Line Test (BLT) could not be applied for determining the Arms Length Price (ALP) of Advertisement, Marketing, and Promotion (AMP) expenditure under the transfer pricing provisions.
Deprivation of property must be based on law which is just, fair and reasonable, the Supreme Court struck down the Bihar law that allowed the State to take over a historic library for a token compensation of just one rupee, holding that such a provision was “confiscatory” and failed constitutional scrutiny.
The company could not claim the concessional GST rate of 0.1% under Notification No. 41/2017-IT(Rate), as the supply of HDPE drums was made to a chemical manufacturer rather than directly to the registered merchant exporter.
The issue involved incorrect computation of interest on IGST refunds. The Court held that authorities failed to follow statutory provisions under Section 56. The key takeaway is that interest must be calculated strictly as per law.
The Tribunal held that a successful bidder cannot claim wide-ranging exemptions from statutory compliances. The key takeaway is that reliefs must be reasonable and legally permissible.
The issue involved an ex-parte GST order demanding ITC reversal without proper notice. The Court held that absence of opportunity to respond violated principles of natural justice. The key takeaway is that hearing is mandatory before passing adverse orders.
The case involved allegations of fraudulent ITC through fake invoices. The Court granted bail noting absence of direct evidence showing personal benefit to the accused. The key takeaway is that lack of direct gain can influence bail decisions in economic offences.
The issue involved cancellation of GST registration due to non-filing of returns. The Court held that absence of fraud or tax evasion justified granting an opportunity for restoration. The key takeaway is that procedural defaults may be cured through compliance.
The issue involved ex parte orders passed after SCNs were uploaded in a manner not effectively communicated. The Court held that such service did not ensure proper notice and denied opportunity to respond. The key takeaway is that effective communication of notices is essential for valid adjudication.
