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...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Transitional input tax credit carried forward from the VAT regime could be utilised under GST, but not converted into a cash refund once it had been brought into the electronic credit ledger. The HC read the transitional provisions together and held that the second proviso to the refund-saving provision bars refund of credit already carried forward, while the refund provision applies only to unutilised GST input tax credit in the cases it specifically covers. It also noted that no prior hearing was given, but refused remand because the dispute turned on a pure question of law. The Court further stated that any rejected refund amount should be re-credited to the electronic credit ledger under the prescribed procedure.
Transitional input tax credit carried forward from the VAT regime could be utilised under GST, but not converted into a cash refund once it had been brought into the electronic credit ledger. The HC read the transitional provisions together and held that the second proviso to the refund-saving provision bars refund of credit already carried forward, while the refund provision applies only to unutilised GST input tax credit in the cases it specifically covers. It also noted that no prior hearing was given, but refused remand because the dispute turned on a pure question of law. The Court further stated that any rejected refund amount should be re-credited to the electronic credit ledger under the prescribed procedure.
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