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...
Input tax credit should not be denied to a bona fide purchasing dealer solely because the registered selling dealer, despite receiving tax, failed to file returns. Where the purchaser has paid tax against a valid tax invoice, recovery of unpaid tax should be pursued against the defaulting seller. Action against the purchaser remains available where material establishes collusion. Applying this principle, the discussed High Court decision quashed the demand based on alleged excess input tax credit for the relevant financial year, while preserving the authorities' right to recover dues from the selling dealer in accordance with law.
Input tax credit should not be denied to a bona fide purchasing dealer solely because the registered selling dealer, despite receiving tax, failed to file returns. Where the purchaser has paid tax against a valid tax invoice, recovery of unpaid tax should be pursued against the defaulting seller. Action against the purchaser remains available where material establishes collusion. Applying this principle, the discussed High Court decision quashed the demand based on alleged excess input tax credit for the relevant financial year, while preserving the authorities' right to recover dues from the selling dealer in accordance with law.
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