Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
HC granted bail in a GST prosecution alleging wrongful availment and passing on of input tax credit through transactions linked to a non-existent firm. The Court noted that no notice under Section 74 of the GST Act had been issued to the applicant's firm, no cancellation proceedings had been taken against its registration, and the supplier's registration was cancelled only after the relevant transactions. As the record then consisted of tax invoices, e-way bills and freight bills, and there were no criminal antecedents, the Court applied the principle that offences resting on documentary evidence ordinarily justify bail in the absence of extraordinary circumstances, and ordered release on conditions.
HC granted bail in a GST prosecution alleging wrongful availment and passing on of input tax credit through transactions linked to a non-existent firm. The Court noted that no notice under Section 74 of the GST Act had been issued to the applicant's firm, no cancellation proceedings had been taken against its registration, and the supplier's registration was cancelled only after the relevant transactions. As the record then consisted of tax invoices, e-way bills and freight bills, and there were no criminal antecedents, the Court applied the principle that offences resting on documentary evidence ordinarily justify bail in the absence of extraordinary circumstances, and ordered release on conditions.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
