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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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Transitional CENVAT credit reflected as an undisputed closing balance under the erstwhile service tax regime cannot be reassessed or denied through CGST proceedings merely because its original availment is alleged to have been inadmissible. The notes explain that recovery for wrongful pre-GST CENVAT credit must proceed under the saved provisions of the erstwhile law, not under the CGST Act. They further address transition of Krishi Kalyan Cess credit through TRAN-1, noting the relevance of unoperationalised transitional explanations and applicable High Court guidance. VAT credit on stock-in-trade is described as transitionable where required particulars were furnished and no specific adverse material supports denial. Penalty based solely on TRAN-1 disclosures is also treated as unjustified.
Transitional CENVAT credit reflected as an undisputed closing balance under the erstwhile service tax regime cannot be reassessed or denied through CGST proceedings merely because its original availment is alleged to have been inadmissible. The notes explain that recovery for wrongful pre-GST CENVAT credit must proceed under the saved provisions of the erstwhile law, not under the CGST Act. They further address transition of Krishi Kalyan Cess credit through TRAN-1, noting the relevance of unoperationalised transitional explanations and applicable High Court guidance. VAT credit on stock-in-trade is described as transitionable where required particulars were furnished and no specific adverse material supports denial. Penalty based solely on TRAN-1 disclosures is also treated as unjustified.
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