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    Writ jurisdiction yields to a functional GST appeal remedy, with pre-deposit and filing timeline still required.
    Retrospective Section 16(5) restores input tax credit for belated GSTR-3B returns filed by the cut-off date
    Effective service of show cause notice and personal hearing are essential; natural justice can override alternate remedy.
    GST proceedings against a deceased proprietor are void; notice, adjudication and recovery were quashed, with liberty preserved.
    GST reimbursement in works contracts remains contractual, but statutory return, interest and limitation rules cannot be overridden.
    Zero-rated export services refund: LUT omission is not an incurable defect, and denial was remitted.
    GST short-payment with GSTR-1 disclosure: remand for Section 73 reconsideration under the amnesty scheme despite mismatch.
    Scrutiny-based tax notices for unreconciled input credit can proceed separately from earlier audit proceedings at the notice stage.
    GST extended limitation and legal representative liability sustained, while ex parte assessment orders were remanded for fresh consideration.
    Wrongful input tax credit availment and reverse charge default justified Section 74 invocation under GST
    Writ jurisdiction to condone appellate delay beyond statutory GST limits preserves the right to have cancellation appeals heard.
    Liquidated damages recovered for transport defaults are compensatory and not taxable as supply of services under GST.
    Form 10E-based relief for voluntary retirement compensation must be claimed by employees; employer need not refund TDS.
    Refund Interest on Seized Cash: delay after search cannot be excused by absence of assessment
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    Reasonable cause shields tax audit default where consistent treatment of bank interest supported bona fide belief.
    Deduction for interest on income-tax refunds to a co-operative society upheld as income attributable to member banking activity
    Borrowed satisfaction in reassessment cannot stand where reopening rests on incorrect facts and uncorroborated statements
    Recorded satisfaction is mandatory before penalty for cash loan acceptance; absence of it renders the penalty unsustainable.
    GST refund not taxable under exclusive accounting method when refund was never claimed through profit and loss account.
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      A bail application was rejected in a case involving the creation...

      Bail Denied in Fraud Case Involving Fake Companies and Illegal Tax Credit Claims Under GST Laws.

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      GSTAugust 27, 2024Case LawsHC
      A bail application was rejected in a case involving the creation of fake companies, appointment of fictitious directors/ partners/ proprietors, and illegal passing of inadmissible Input Tax Credit under the Goods and Services Tax (GST) laws. The accused, without the knowledge of the purported directors/staff, utilized invoices from fictitious suppliers to wrongfully avail and pass on ineligible Input Tax Credit, resulting in substantial revenue loss to the government. The court emphasized that economic offenses involving deep-rooted conspiracies and massive public fund losses should be viewed seriously as grave offenses affecting the nation's economy. Citing a Supreme Court precedent, the court held that such white-collar criminals, driven by personal profit motives and impeding national development through calculated dishonesty, warrant a different approach to bail. Considering the allegations, verified materials, and the cognizance order for offenses under GST laws and the Indian Penal Code, the court rejected the bail application.

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      ActsIncome Tax