Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
Concurrent anticipatory-bail jurisdiction permits applications before either forum, while secured evidence may negate custodial interrogation in GST e...
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Input tax credit under the CGST Act is conditional on the supplier's actual payment of tax to the Government; invoice possession, receipt of supplies and GSTR-2B reflection do not independently establish final eligibility. Section 16(2) conditions operate cumulatively, with the claimant bearing the burden of proving eligibility. Under Section 41(2) and Rule 37A, credit attributable to supplier non-payment must be reversed with applicable interest where prescribed, but may be re-availed when the supplier furnishes the relevant return and pays tax. The condition is treated as substantive, not as unconstitutional deprivation or double taxation, and cannot be read down to exempt bona fide recipients absent fraud or collusion.
Input tax credit under the CGST Act is conditional on the supplier's actual payment of tax to the Government; invoice possession, receipt of supplies and GSTR-2B reflection do not independently establish final eligibility. Section 16(2) conditions operate cumulatively, with the claimant bearing the burden of proving eligibility. Under Section 41(2) and Rule 37A, credit attributable to supplier non-payment must be reversed with applicable interest where prescribed, but may be re-availed when the supplier furnishes the relevant return and pays tax. The condition is treated as substantive, not as unconstitutional deprivation or double taxation, and cannot be read down to exempt bona fide recipients absent fraud or collusion.
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