Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
For GST anti-profiteering in an ongoing real-estate project, completion is reckoned from actual issuance of the Occupancy Certificate, not from filing the application. The discussion states that post-GST input tax credit benefits may be quantified by comparing pre- and post-GST ITC-to-purchase-value ratios using certified actual data, and apportioned to purchasers. Where homebuyers are identifiable from supplier records, the profiteered amount must be returned to them with interest; deposit in Consumer Welfare Funds is residual where recipients cannot genuinely be identified. It also notes that a penalty provision introduced after the investigation period cannot apply retrospectively without express statutory authority.
For GST anti-profiteering in an ongoing real-estate project, completion is reckoned from actual issuance of the Occupancy Certificate, not from filing the application. The discussion states that post-GST input tax credit benefits may be quantified by comparing pre- and post-GST ITC-to-purchase-value ratios using certified actual data, and apportioned to purchasers. Where homebuyers are identifiable from supplier records, the profiteered amount must be returned to them with interest; deposit in Consumer Welfare Funds is residual where recipients cannot genuinely be identified. It also notes that a penalty provision introduced after the investigation period cannot apply retrospectively without express statutory authority.
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