CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
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The High Court held that the revisional authority's order placing the refund sanction order in abeyance u/s 108 of the Central Goods and Services Tax Act, 2017 was invalid. Section 54 prescribes the procedure for claiming refunds, and the proviso to Section 54(1) requires following the procedure u/s 49(6) for refunds from the Electronic Cash Ledger. While Section 54 lacks explicit restrictions on refunds from the Electronic Cash Ledger, similar restrictions apply. Section 108 empowers the revisional authority to stay orders deemed illegal, improper, or prejudicial to revenue interests. However, the revisional authority's doubts about the Input Tax Credit claimed by the petitioner were unrelated to the refund order's validity. Absent any finding rendering the refund order unsustainable, illegal, or invalid, invoking Section 108 was unjustified. The High Court allowed the petition, quashing the impugned order.
The High Court held that the revisional authority's order placing the refund sanction order in abeyance u/s 108 of the Central Goods and Services Tax Act, 2017 was invalid. Section 54 prescribes the procedure for claiming refunds, and the proviso to Section 54(1) requires following the procedure u/s 49(6) for refunds from the Electronic Cash Ledger. While Section 54 lacks explicit restrictions on refunds from the Electronic Cash Ledger, similar restrictions apply. Section 108 empowers the revisional authority to stay orders deemed illegal, improper, or prejudicial to revenue interests. However, the revisional authority's doubts about the Input Tax Credit claimed by the petitioner were unrelated to the refund order's validity. Absent any finding rendering the refund order unsustainable, illegal, or invalid, invoking Section 108 was unjustified. The High Court allowed the petition, quashing the impugned order.
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