Topic

Fake Invoicing

3 articles

Indirect Tax & GST

Three former directors were each fined ₹24,99,88,069 personally, the same amount as the company, for an alleged circular-trading scheme. The Delhi High Court has now answered two questions that split the High Courts: who can be penalised under Section 122(1A), and for which period. Its answer favours the Revenue on the first and the assessee on the second.

13 min read
Indirect Tax & GST

When a single Order-in-Original runs to 1,881 pages and names 629 firms and individuals in an alleged fake-invoicing racket, does an individual noticee's claim that its reply was never considered open the door to a writ petition? The Delhi High Court says no — and distinguishes the Supreme Court's ASP Traders on the ground that a mass adjudication order is not the same as an unreasoned order against a single assessee.

14 min read
Indirect Tax & GST

A Ghaziabad steel manufacturer was one of 68 noticees accused of availing Cenvat credit on cenvatable invoices issued without any actual supply of copper scrap. The Customs, Excise & Service Tax Appellate Tribunal set aside the ₹2.39 crore demand confirmed against it, holding that the adjudicating authority relied on third-party statements without following Section 9D of the Central Excise Act's mandatory procedure for admitting them in evidence, treated a co-noticee's settlement under an amnesty scheme as proof against unrelated parties, and confirmed the demand through generic findings that never engaged the appellant's own case.

14 min read