Delhi High Court dismisses writ petition challenging GST order, directing taxpayers to use statutory appeal under Section 107 due to complex ITC fraud investigations.
SC emphasized that contempt power is not a sword to silence criticism but includes the power to forgive when remorse is genuine. The High Court wrongly imposed punishment despite an unconditional apology and resignation by the contemnor.
The Court held that an Ayurvedic treatment centre must be classified as a hospital, not a hotel, for the relevant years. The luxury tax assessment was set aside, and authorities were directed to reassess accordingly.
The Delhi High Court directed the Customs Department to release a gold chain and an iPhone, noting prior delays and non-compliance. Officials were warned against prolonging passenger hardship.
The High Court and Supreme Court confirmed that reopening assessments on depreciation and goodwill claims in a Slump Sale transaction was invalid, as material facts were fully disclosed and original assessments completed.
Gujarat High Court held that reopening assessment beyond four years is invalid when all material facts were disclosed. Depreciation claims on Slump Sale assets remain intact.
The Tribunal held that once the assessee’s own ledger reflected a creditor’s write-off, Section 41(1) was automatically triggered. The waiver in books = taxable cessation of liability.
The Court found that the notices sought to reopen issues that legally ceased to exist after approval of the Resolution Plan. It held that proceedings for any pre-plan period cannot continue under the Income Tax Act.
The Court granted bail after finding investigation complete, punishment limited to five years, and no risk of tampering in a case based on documentary evidence.
The Court held that the authority could not reject the ruling request based on earlier proceedings that were closed without deciding tax issues. The matter was remanded for fresh consideration.
