Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
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The High Court addressed the issue of refund of unutilized Input Tax Credit where remittances were received in a different branch's bank account. The Court held that establishments should be treated as distinct persons under the CGST Act, even if they are part of the same entity. The petitioner had initially not provided bank account details for its Delhi branch but later updated them, including a Bangalore bank account where remittances were credited. The Court observed that these remittances were clearly connected to services rendered by the Delhi branch, and the objection raised was overly technical and unsustainable. The Court clarified that the CGST Act contemplates entities having multiple establishments across states, and Section 25(4) and (5) override the principle of branch offices not being separate juridical entities. Consequently, the High Court quashed the impugned orders and allowed the petition.
The High Court addressed the issue of refund of unutilized Input Tax Credit where remittances were received in a different branch's bank account. The Court held that establishments should be treated as distinct persons under the CGST Act, even if they are part of the same entity. The petitioner had initially not provided bank account details for its Delhi branch but later updated them, including a Bangalore bank account where remittances were credited. The Court observed that these remittances were clearly connected to services rendered by the Delhi branch, and the objection raised was overly technical and unsustainable. The Court clarified that the CGST Act contemplates entities having multiple establishments across states, and Section 25(4) and (5) override the principle of branch offices not being separate juridical entities. Consequently, the High Court quashed the impugned orders and allowed the petition.
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