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Penalty not to be imposed wherein there is no intent to evade tax

Penalty not to be imposed wherein there is no intent to evade tax

by admin | Feb 20, 2024 | Eway Bill, GST, Judgements

Case: Rawal Wasia Yarn Dying Pvt. Ltd. Vs Commissioner Commercial Tax and Another (Allahabad High Court) (Writ Tax No. 352 of 2023) The court observed that the invoice itself contained the details of the truck and the error committed by the taxpayer was that of a...
Penalty not to be imposed wherein there is no intent to evade tax

200% penalty on Expired E-way bill quashed by Calcutta High Court, as there was no intention to evade tax.

by admin | Feb 15, 2024 | Eway Bill, GST, Judgements

Case: Saraf Trexim Limited Vs Deputy Commissioner of State Tax & Ors. (Calcutta High Court) (FMA/256/2023) In another significant judgement by the high court, the court observed that unless and until it is established by the department that the transporter of the...

Recent Posts

  • The Supreme Court dismissed the Revenue’s SLP and upheld that mere detection of excess stock does not automatically warrant confiscation under Section 130 of the CGST Act. Authorities must ordinarily proceed under Sections 73/74 for tax determination unless stringent conditions for confiscation are clearly met
  • The Supreme Court held that ITC cannot be denied to a bona fide purchasing dealer merely because the selling dealer failed to deposit tax with the Government. Recovery action must be taken against the defaulting seller, not the innocent purchaser.
  • The Rajasthan High Court held that refund of accumulated ITC under inverted duty structure for periods prior to 18.07.2022 cannot be denied. ITC being an indefeasible vested right, subsequent circulars or clarifications cannot operate retrospectively to curtail accrued credit.
  • Madras High Court held that mere upload of GST notices on the portal, without ensuring effective service in case of repeated non-response, cannot justify an ex-parte assessment.
  • Enhancements in GSTR-3B (Effective from January 2026 Tax Period)

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