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...
The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s Rule 142(1) of the CGST Rules, 2017 for unpaid tax on Reverse Charge Mechanism (RCM) on cotton purchase from agriculturist. The petitioner challenged jurisdiction but was allowed to make submissions on merits. The court found petitioner liable for GST on RCM basis as per Section 9(3) of the CGST Act. Revenue neutrality argument rejected due to non-100% export. Penalty u/s 122(2) upheld as petitioner failed to pay GST on RCM basis, deliberately violating Notification No. 43 of 2017. Court upheld the order for payment of Rs. 3,73,95,300/- with equal penalty. Petition dismissed.
The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s Rule 142(1) of the CGST Rules, 2017 for unpaid tax on Reverse Charge Mechanism (RCM) on cotton purchase from agriculturist. The petitioner challenged jurisdiction but was allowed to make submissions on merits. The court found petitioner liable for GST on RCM basis as per Section 9(3) of the CGST Act. Revenue neutrality argument rejected due to non-100% export. Penalty u/s 122(2) upheld as petitioner failed to pay GST on RCM basis, deliberately violating Notification No. 43 of 2017. Court upheld the order for payment of Rs. 3,73,95,300/- with equal penalty. Petition dismissed.
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