Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
HC addressed maintainability of GST petition where appellant sought stay on tax recovery due to non-constitution of GST Tribunal. Following legislative amendment to Section 112 of CGST Act 2017, pre-deposit requirement was reduced from 20% to 10% for appeals. Despite Tribunal's non-existence, court granted interim relief based on precedent, allowing assessee to deposit 10% of disputed tax amount in addition to amount already deposited under Section 107(6). Court held that petitioner cannot be denied statutory benefit under Section 112(9) due to administrative delay in Tribunal formation. Recovery proceedings for balance amount stayed until Tribunal constitution and appeal filing. Petition disposed with direction to comply with modified deposit requirement.
HC addressed maintainability of GST petition where appellant sought stay on tax recovery due to non-constitution of GST Tribunal. Following legislative amendment to Section 112 of CGST Act 2017, pre-deposit requirement was reduced from 20% to 10% for appeals. Despite Tribunal's non-existence, court granted interim relief based on precedent, allowing assessee to deposit 10% of disputed tax amount in addition to amount already deposited under Section 107(6). Court held that petitioner cannot be denied statutory benefit under Section 112(9) due to administrative delay in Tribunal formation. Recovery proceedings for balance amount stayed until Tribunal constitution and appeal filing. Petition disposed with direction to comply with modified deposit requirement.
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