Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
Foreign portfolio investment liberalisation extends listed equity access to all individual persons resident outside India, subject to limit monitoring...
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Denial of refund claimed u/s 142(3) of CGST Act for service tax paid under RCM was incorrect. Rule 9(1)(e) of CENVAT Credit Rules, 2004 applies, not Rule 9(1)(bb), allowing credit. Imposition of equal penalty u/s 78 of Finance Act, 1994 was improper as no suppression of facts or intention to evade tax was proved. Appellant was eligible for refund u/s 142(3) of CGST Act, 2017 for CENVAT credit paid after GST implementation, though unable to avail TRAN-1 credit due to time lapse. Impugned order rejecting refund claims is set aside, and appeal allowed.
Denial of refund claimed u/s 142(3) of CGST Act for service tax paid under RCM was incorrect. Rule 9(1)(e) of CENVAT Credit Rules, 2004 applies, not Rule 9(1)(bb), allowing credit. Imposition of equal penalty u/s 78 of Finance Act, 1994 was improper as no suppression of facts or intention to evade tax was proved. Appellant was eligible for refund u/s 142(3) of CGST Act, 2017 for CENVAT credit paid after GST implementation, though unable to avail TRAN-1 credit due to time lapse. Impugned order rejecting refund claims is set aside, and appeal allowed.
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