Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The High Court ruled that the petitioner's entitlement to avail Input Tax Credit under the CENVAT Credit Rules, 2004 cannot be denied, as long as the credit was validly earned. The court relied on the Supreme Court's decision in Collector of Central Excise, Pune v. Dai Ichi Karkaria Ltd., which held that validly earned credit is indefeasible and cannot be reversed, except in cases of illegal or irregular credit. Regarding the procedural irregularity u/s 140 of the CGST Act, 2017, the court condoned it, citing the Supreme Court's decision in Commissioner of Sales Tax, UP v. Auraiya Chamber of Commerce, Allahabad, which held that procedures are aids to justice, not obstacles. Consequently, the impugned order was quashed, and the petition was allowed.
The High Court ruled that the petitioner's entitlement to avail Input Tax Credit under the CENVAT Credit Rules, 2004 cannot be denied, as long as the credit was validly earned. The court relied on the Supreme Court's decision in Collector of Central Excise, Pune v. Dai Ichi Karkaria Ltd., which held that validly earned credit is indefeasible and cannot be reversed, except in cases of illegal or irregular credit. Regarding the procedural irregularity u/s 140 of the CGST Act, 2017, the court condoned it, citing the Supreme Court's decision in Commissioner of Sales Tax, UP v. Auraiya Chamber of Commerce, Allahabad, which held that procedures are aids to justice, not obstacles. Consequently, the impugned order was quashed, and the petition was allowed.
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