Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
HC held that refund restrictions on input tax credit introduced by Notification No. 9/2022 (effective 18.07.2022) cannot be applied retrospectively. The Court invalidated Circular No. 181/13/2022-GST to the extent it made restrictions applicable to all refund applications filed after 18.07.2022, regardless of when input tax credit accrued. The Court emphasized that registered persons retain the right to recover input tax credit that arose from rate mismatches prior to 18.07.2022 under Section 54 of CGST Act. Impugned refund rejection orders were set aside, directing authorities to reconsider applications without applying the contested circular's clarification. This preserves taxpayers' vested rights to claim refunds for periods before the notification's effective date.
HC held that refund restrictions on input tax credit introduced by Notification No. 9/2022 (effective 18.07.2022) cannot be applied retrospectively. The Court invalidated Circular No. 181/13/2022-GST to the extent it made restrictions applicable to all refund applications filed after 18.07.2022, regardless of when input tax credit accrued. The Court emphasized that registered persons retain the right to recover input tax credit that arose from rate mismatches prior to 18.07.2022 under Section 54 of CGST Act. Impugned refund rejection orders were set aside, directing authorities to reconsider applications without applying the contested circular's clarification. This preserves taxpayers' vested rights to claim refunds for periods before the notification's effective date.
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