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...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
The High Court held that petitioners are entitled to pay 10% of the disputed GST amount as a pre-condition for filing an appeal by debiting the amount available in the Electronic Credit Ledger. Section 49 of the TNGST Act allows the use of Electronic Credit Ledger for making any payment towards output tax. The word 'may' in the provision indicates it is not mandatory. Section 107(6) requires 10% of the disputed tax to be paid as a deposit, which means payment towards discharging output tax liability. Rule 86(2) allows debit from Electronic Credit Ledger for discharging liability u/ss 49, 49A or 49B. The circular dated 06.07.2022 clarifies that input tax credit can be utilized for payment of self-assessed output tax or tax payable due to proceedings under GST laws, including the 10% pre-deposit u/s 107(6). The statutory appeal form APL-01 also provides for pre-deposit payment through Electronic Credit Ledger. Therefore, the High Court quashed the impugned orders and directed allowing appeals where pre-deposit was made through Electronic Credit Ledger.
The High Court held that petitioners are entitled to pay 10% of the disputed GST amount as a pre-condition for filing an appeal by debiting the amount available in the Electronic Credit Ledger. Section 49 of the TNGST Act allows the use of Electronic Credit Ledger for making any payment towards output tax. The word 'may' in the provision indicates it is not mandatory. Section 107(6) requires 10% of the disputed tax to be paid as a deposit, which means payment towards discharging output tax liability. Rule 86(2) allows debit from Electronic Credit Ledger for discharging liability u/ss 49, 49A or 49B. The circular dated 06.07.2022 clarifies that input tax credit can be utilized for payment of self-assessed output tax or tax payable due to proceedings under GST laws, including the 10% pre-deposit u/s 107(6). The statutory appeal form APL-01 also provides for pre-deposit payment through Electronic Credit Ledger. Therefore, the High Court quashed the impugned orders and directed allowing appeals where pre-deposit was made through Electronic Credit Ledger.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
