Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
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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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