Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exi...
Transfer-pricing treatment of corporate guarantees and convertible loans followed prior-year consistency, with taxable foreign dividends excluded from...
Transfer-pricing benchmarking confines adjustments to associated-enterprise transactions and integrates delayed receivables through TNMM working-capit...
Medical relief status protects government-contracted mobile healthcare from commercial classification, while provisional registration cancellation req...
Charitable registration cancellation requires proof that educational activities abandoned their objects; incidental receipts and retained surplus are ...
Prospective customs notification amendments cannot bar provisional release consideration for earlier imports when bills of lading predate their commen...
Input tax credit denial to a bona fide purchaser based on a supplier's failure to deposit tax, file GSTR-3B, or reflect invoices in GSTR-2A requires proper consideration of the purchaser's reply and supporting evidence. The High Court found non-application of mind and breach of natural justice, and held that invocation of Section 74 of the CGST Act for financial year 2018-19 lacked jurisdiction. The adjudication order and consequential recovery notice were quashed. Fresh adjudication was directed after considering relevant precedents, granting a personal hearing, and issuing a reasoned speaking order.
Input tax credit denial to a bona fide purchaser based on a supplier's failure to deposit tax, file GSTR-3B, or reflect invoices in GSTR-2A requires proper consideration of the purchaser's reply and supporting evidence. The High Court found non-application of mind and breach of natural justice, and held that invocation of Section 74 of the CGST Act for financial year 2018-19 lacked jurisdiction. The adjudication order and consequential recovery notice were quashed. Fresh adjudication was directed after considering relevant precedents, granting a personal hearing, and issuing a reasoned speaking order.
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