Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The High Court dismissed the petition seeking refund of Input Tax Credit (ITC) accrued under the Value Added Tax (VAT) regime upon transition to the Goods and Services Tax (GST) regime. The court held that Section 18(a) allows carrying forward ITC from the VAT regime to be availed as set-off under GST for inputs held in stock. However, Section 18(2) prohibits availing credit after one year from the date of tax invoice. Transitional claims are subject to the limitation prescribed as on 27.12.2017 and the Supreme Court's direction providing a two-month window. Unless the claim is made in Form GSTR TRAN-1 within the stipulated time, no claim for ITC refund can be raised. The petitioner can only claim ITC as set-off against output tax, not as a cash refund.
The High Court dismissed the petition seeking refund of Input Tax Credit (ITC) accrued under the Value Added Tax (VAT) regime upon transition to the Goods and Services Tax (GST) regime. The court held that Section 18(a) allows carrying forward ITC from the VAT regime to be availed as set-off under GST for inputs held in stock. However, Section 18(2) prohibits availing credit after one year from the date of tax invoice. Transitional claims are subject to the limitation prescribed as on 27.12.2017 and the Supreme Court's direction providing a two-month window. Unless the claim is made in Form GSTR TRAN-1 within the stipulated time, no claim for ITC refund can be raised. The petitioner can only claim ITC as set-off against output tax, not as a cash refund.
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