Allowability of CSR Expenditure, Determination of Indexed Cost of Acquisition, and Disallowance of Penalty CSR expenditure allowed as business expenditure. Penalty paid for VAT violation not allowed as deduction. FMV of land at the time of acquisition considered for capital gains calculation. Summary in Key Points: Issue 1 (CSR Expenditure): Whether Corporate Social Responsibility (CSR)… Read More »
Disallowance of Depreciation on Toll Road Constructed on NHAI Land Summary in Key Points: Issue: Whether a company that constructed a toll road on land owned by the National Highways Authority of India (NHAI) is entitled to claim depreciation on the toll road as an intangible asset. Facts: The assessee-company constructed a toll road on… Read More »
Revocation of GST Registration Cancellation Allowed Upon Payment of Dues Summary in Key Points: Issue: Whether the cancellation of an assessee’s GST registration can be revoked when the assessee has not filed returns for a continuous period but is willing to comply by filing returns and paying outstanding dues. Facts: The assessee’s registration was cancelled… Read More »
Interim Bail Granted in GST Evasion Case Due to Lack of Established Liability and Absence of Flight Risk Summary in Key Points: Issue: Whether interim bail should be granted to an assessee arrested for GST evasion by falsely claiming Input Tax Credit (ITC), when the liability for the offense has not yet been determined. Facts:… Read More »
Anticipatory Bail Granted in GST Evasion Case Due to Delay and Lack of Flight Risk Summary in Key Points: Issue: Whether anticipatory bail should be granted to an individual accused of GST evasion by falsely claiming Input Tax Credit (ITC) through transactions with a fake firm. Facts: A complaint was filed against the applicant for… Read More »
Non-Applicability of Section 129 Penalty for if E-way Bill is Incomplete due to Part B missing as Tax is Duly Paid Summary in Key Points: Issue: Whether penalties under Section 129 of the GST Act can be levied for transportation of goods under an incomplete e-way bill when the taxes on those goods have been… Read More »
Deposit requirement for stay of appellate order in GST reduced to 10%. Summary in Key Points: Issue: Whether the interim relief granted in a GST appeal should be modified in light of a revised notification reducing the deposit requirement for a stay on the impugned order. Facts: The assessee, aggrieved by an order of the… Read More »
GST Demand Notice Invalidated for Lack of Personal Hearing Date Summary in Key Points: Issue: Whether a show cause notice (SCN) under Section 74 of the GST Act is valid when it does not specify a date for a personal hearing. Facts: The assessee challenged a demand notice issued under Section 74, pointing out that… Read More »
Interim Bail Granted in GST Evasion Case Due to Lack of Established Liability and Absence of Flight Risk Summary in Key Points: Issue: Whether interim bail should be granted to an assessee arrested for GST evasion by falsely claiming Input Tax Credit (ITC), when the liability for the offense has not yet been determined. Facts:… Read More »
Assessee directed to raise all contentions while responding to the GST show cause notice. Summary in Key Points: Issue: Whether the assessee can challenge the validity of a seizure order and subsequent proceedings on the grounds of non-compliance with procedural requirements under Section 67 of the GST Act. Facts: The assessee challenged a seizure order,… Read More »