Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Highlights - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • Benami Property
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • Law of Competition
  • PMLA - Money-Laundering
  • Indian Laws
  • Bill / Finance Bills
  • Wealth Tax
  • Service Tax
  • Central Excise
  • VAT / Sales Tax
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Refund of input tax credit under inverted duty structure to be reconsidered under settled Supreme Court law, with reasons required.
    Electronic GST communication need not separately quote DIN when a verifiable RFN and statutory service modes establish traceability.
    Overlapping GST adjudication barred where the same suppliers and ITC dispute had already been decided by State authorities.
    GST portal migration from QRMP to monthly returns permitted, with backend changes and late-fee compliance required.
    Writ interference at show cause stage refused where GST notice raised disputed factual and classification issues.
    Composite supply in CIF imports bars separate GST on ocean freight; double taxation on the service element is impermissible.
    Belated GST appeal may be entertained on condition of pre-deposit where reduced-penalty relief was not used.
    Electronic credit ledger blocking cannot survive beyond one year and ordinarily requires a pre-decisional hearing.
    Retrospective GST amendment cured belated input tax credit defect, leading to quashing of the demand and fresh adjudication.
    Blocked input tax credit on land lease rental for factory construction extends to pre- and post-construction periods.
    Accrued liability and sale-and-lease-back principles upheld: construction deduction and film depreciation sustained against Revenue challenge.
    Stayed tax demand cannot be set off against refund; High Court orders release of refund with statutory interest.
    Section 10A turnover parity and subsidiary investment nexus resolved in part, with one issue remitted for fresh scrutiny.
    Section 10A parity, goodwill depreciation, and business nexus of subsidiary advances shaped the tax dispute outcomes.
    Functional comparability in transfer pricing failed for MPS Ltd.; exclusion from comparables removed the adjustment.
    Under-reporting penalty under section 270A deleted after quantum addition failed and returned income was accepted.
    Section 54F relief upheld for investment before section 139(4), single contiguous house ownership, and asset-wise capital gains treatment.
    Composite property and stamp valuation disputes: residential portion qualifies for section 54, and DVO reference is required.
    Unabated assessments need year-specific incriminating material; loose notings and mere presumption cannot sustain property-sale additions.
    Compensatory interest and business advances upheld as allowable; cash payment and unexplained credit additions were rejected.
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Highlights
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries

Highlights

Back

All Highlights

Showing Results for :
Reset Filters
No Records Found

Highlights

Back

All Highlights

whatsapp Join Channel
Showing Results for : Reset Filters

Violation of principles of natural justice by not providing...

Court Condones Delay in Appeal, Allows Case to Proceed Despite Initial Dismissal for Wrongful Tax Credit Claim.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

GST August 31, 2024 Case Laws HC
Violation of principles of natural justice by not providing sufficient opportunity to the petitioner to substantiate their claim. The respondent wrongfully availed input tax credit on the purchase of motor vehicles, reflected in GSTR-2A, and the corresponding GSTR-3B, violating Section 17(5) of the TNGST/CGST Acts. The court held that the respondent's order was passed without giving reasonable opportunity to the petitioner, violating natural justice principles. The petitioner claimed unawareness of the notice issued through the GST Portal and could establish their case if given an opportunity. The petitioner's appeal against the impugned order was dismissed solely on the ground of no provision to condone the delay. Considering the facts and circumstances, the court condoned the delay in filing the appeal by the petitioner before the Appellate Authority in the interest of justice. The petition was disposed of.

Topics

Acts Income Tax