Case Laws

Confiscated goods and vehicles can be released by depositing 25% of the amount mentioned in the order in cash and furnishing a bank guarantee for the balance

Registration cannot be cancelled with retrospective effect mechanically and should be based on objective criteria.

Presence of mens rea for evasion of tax is a sine qua non for imposition of penalty under section 129

Registration cancellation with retrospective effect should be based on objective criteria and should consider the consequences for the taxpayer and its customers

It is obligatory and mandatory on the part of revenue to provide the taxpayers an opportunity of personal hearing when an adverse decision is contemplated

Upfront premium paid by the applicant towards the services of leasing of the land for industrial purposes by SMPK Port: Matter remanded to AAR for fresh consideration

Revenue to reconsider assessment as non availability of documents impacted taxpayer's ability to respond to the assessment orders

Clubbing of unutilized ITC refund claims beyond the calendar month for zero-rated exports is allowed

Merely, because a taxpayer has not filed the returns for some period does not mean that the taxpayer’s registration is required to be cancelled with retrospective date also covering the period when the returns were filed and the taxpayer was compliant.

Section 107 has an inbuilt mechanism and impliedly excludes the application of the Limitation Act