Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
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The High Court held that the provisions of GST enactments being applicable pan India, the department cannot take a contrary stand to the Supreme Court's ratio in Kusum Ingots & Alloys Ltd. versus Union of India. Therefore, the impugned order denying the benefit of refund on account of the Inverted Duty Structure to the petitioner is unsustainable. The impugned order was set aside, and the case was remitted back to the respondent to pass a fresh order sanctioning the refund to the petitioner within three months, in light of the mentioned orders. The petition was allowed by way of remand.
The High Court held that the provisions of GST enactments being applicable pan India, the department cannot take a contrary stand to the Supreme Court's ratio in Kusum Ingots & Alloys Ltd. versus Union of India. Therefore, the impugned order denying the benefit of refund on account of the Inverted Duty Structure to the petitioner is unsustainable. The impugned order was set aside, and the case was remitted back to the respondent to pass a fresh order sanctioning the refund to the petitioner within three months, in light of the mentioned orders. The petition was allowed by way of remand.
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