Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
Reversal of ITC - The High Court found that certain findings recorded by the adjudicating authority were outside the scope of the allegations in the show-cause notice. The authority had admitted that the appellant made payment of tax to the supplier against the transaction, but failed to remit the tax to the State exchequer. However, the court deemed it arbitrary to penalize the appellant without first conducting an enquiry with the supplier. - The Court reiterated the conditions prescribed in Section 16 (2) of the Act for a dealer to be eligible to avail credit of any input tax. - The Court highlighted the importance of action against the selling dealer before directing the appellant to reverse the input tax credit. It emphasized that unless exceptional circumstances exist, proceedings should be initiated against the supplier first.
Reversal of ITC - The High Court found that certain findings recorded by the adjudicating authority were outside the scope of the allegations in the show-cause notice. The authority had admitted that the appellant made payment of tax to the supplier against the transaction, but failed to remit the tax to the State exchequer. However, the court deemed it arbitrary to penalize the appellant without first conducting an enquiry with the supplier. - The Court reiterated the conditions prescribed in Section 16 (2) of the Act for a dealer to be eligible to avail credit of any input tax. - The Court highlighted the importance of action against the selling dealer before directing the appellant to reverse the input tax credit. It emphasized that unless exceptional circumstances exist, proceedings should be initiated against the supplier first.
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