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...
Adjustment of integrated tax paid under the wrong head against intra-State tax liability requires Section 77(2) to be read with Rule 92. Rule 92 contemplates setting off a refund entitlement against an outstanding demand through the prescribed adjustment order. The text states that an undisputed erroneous IGST payment for an intra-State supply should not create tax, interest or penalty liability without considering this adjustment mechanism. It describes the quashing of the adjudication, appellate and demand orders and remand for fresh consideration of adjustment under Section 77(2) and Rule 92.
Adjustment of integrated tax paid under the wrong head against intra-State tax liability requires Section 77(2) to be read with Rule 92. Rule 92 contemplates setting off a refund entitlement against an outstanding demand through the prescribed adjustment order. The text states that an undisputed erroneous IGST payment for an intra-State supply should not create tax, interest or penalty liability without considering this adjustment mechanism. It describes the quashing of the adjudication, appellate and demand orders and remand for fresh consideration of adjustment under Section 77(2) and Rule 92.
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