Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Wrongful availment of input tax credit, where credit exceeded GSTR-2A and was utilised in GSTR-3B, was treated as prima facie suppression of facts with intent to evade tax, supporting invocation of the extended limitation under GST. The Court also noted an apparent failure to discharge reverse charge liability on commissions from foreign booking agencies. The limitation challenge was rejected as covered by the earlier Madras High Court ruling in Tata Play Limited, and the Court further observed that, for the relevant assessment years, even the period for passing orders under the lesser limitation regime had not expired. The writ petitions were dismissed, with liberty to pursue the statutory appeal on merits.
Wrongful availment of input tax credit, where credit exceeded GSTR-2A and was utilised in GSTR-3B, was treated as prima facie suppression of facts with intent to evade tax, supporting invocation of the extended limitation under GST. The Court also noted an apparent failure to discharge reverse charge liability on commissions from foreign booking agencies. The limitation challenge was rejected as covered by the earlier Madras High Court ruling in Tata Play Limited, and the Court further observed that, for the relevant assessment years, even the period for passing orders under the lesser limitation regime had not expired. The writ petitions were dismissed, with liberty to pursue the statutory appeal on merits.
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