Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Blocking input tax credit under Rule 86A requires the competent authority itself to record, in writing, reasons to believe based on relevant material and an independent application of mind. An order stating only that action was taken "as per recommendation" of a Superintendent fails this mandatory jurisdictional requirement and shows that the authority acted on dictate rather than formed its own belief. Material referred to in the counter-affidavit or alert circular cannot cure the defect when the impugned order itself discloses no objective reason. The ITC-blocking order was set aside, with liberty to pass a fresh order in accordance with law.
Blocking input tax credit under Rule 86A requires the competent authority itself to record, in writing, reasons to believe based on relevant material and an independent application of mind. An order stating only that action was taken "as per recommendation" of a Superintendent fails this mandatory jurisdictional requirement and shows that the authority acted on dictate rather than formed its own belief. Material referred to in the counter-affidavit or alert circular cannot cure the defect when the impugned order itself discloses no objective reason. The ITC-blocking order was set aside, with liberty to pass a fresh order in accordance with law.
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