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...
Refund claims do not fall within the matters on which an advance ruling may be sought under section 97(2) of the CGST Act; a request for a ruling on refund of GST paid on an upfront industrial-land lease amount is therefore not maintainable before the AAR. Input tax credit on GST paid or payable on the upfront amount for a long-term lease of industrial land used to construct a factory building is blocked under section 17(5)(d). The construction is on the taxable person's own account, and land and buildings are excluded from the definition of plant and machinery. Consequently, the credit is unavailable.
Refund claims do not fall within the matters on which an advance ruling may be sought under section 97(2) of the CGST Act; a request for a ruling on refund of GST paid on an upfront industrial-land lease amount is therefore not maintainable before the AAR. Input tax credit on GST paid or payable on the upfront amount for a long-term lease of industrial land used to construct a factory building is blocked under section 17(5)(d). The construction is on the taxable person's own account, and land and buildings are excluded from the definition of plant and machinery. Consequently, the credit is unavailable.
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