Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Section 50(3) governs interest where input tax credit is wrongly availed and utilised, and it prevails over the general rule in Section 50(1). The text states that the expression is not confined to fraudulent or bad-faith claims; any credit taken and used without entitlement falls within it. A mismatch between GSTR-3B and GSTR-2A may justify treating credit as ineligible, and Rule 88B(3) requires interest to be computed from utilisation until reversal or payment. Because the utilisation occurs through the electronic credit ledger, the cash-ledger limitation in Section 50(1) does not apply, and the levy of interest is sustained.
Section 50(3) governs interest where input tax credit is wrongly availed and utilised, and it prevails over the general rule in Section 50(1). The text states that the expression is not confined to fraudulent or bad-faith claims; any credit taken and used without entitlement falls within it. A mismatch between GSTR-3B and GSTR-2A may justify treating credit as ineligible, and Rule 88B(3) requires interest to be computed from utilisation until reversal or payment. Because the utilisation occurs through the electronic credit ledger, the cash-ledger limitation in Section 50(1) does not apply, and the levy of interest is sustained.
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