Reassessment for unreturned property sales survives where transfer information, non-filing, and unsupported exemption claims establish a prima facie l...
Profit-element taxation limits additions for unaccounted flat-sale receipts and grey-market purchases, while reliable search records support partial a...
Non-participating bidders cannot disturb concluded liquidation sales on speculative prejudice, while costs for such challenges must remain proportiona...
Retrospective section 16(5) permits input tax credit for specified financial years where claimed through GSTR-3B filed by the prescribed deadline, overriding the earlier limitation in section 16(4). GSTR-3B functions as the section 39 return for this purpose. Credit is availed when claimed and credited to the Electronic Credit Ledger; later utilisation does not constitute delayed availment. Discrepancies in GSTR-9 or GSTR-9C cannot by themselves extinguish credit already claimed through GSTR-3B. A demand founded solely on limitation cannot be sustained on new substantive grounds absent from the show-cause notice and original adjudication. Interest and penalty dependent exclusively on an invalid credit denial lack an independent basis.
Retrospective section 16(5) permits input tax credit for specified financial years where claimed through GSTR-3B filed by the prescribed deadline, overriding the earlier limitation in section 16(4). GSTR-3B functions as the section 39 return for this purpose. Credit is availed when claimed and credited to the Electronic Credit Ledger; later utilisation does not constitute delayed availment. Discrepancies in GSTR-9 or GSTR-9C cannot by themselves extinguish credit already claimed through GSTR-3B. A demand founded solely on limitation cannot be sustained on new substantive grounds absent from the show-cause notice and original adjudication. Interest and penalty dependent exclusively on an invalid credit denial lack an independent basis.
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