Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
HC ruled that rejection of GST pre-deposit refund application on grounds of time bar under Section 54 is invalid. The court interpreted the word "may" in Section 54 as directory rather than mandatory, following SC precedent. The judgment emphasized that statutory pre-deposit refund is a vested right after successful appeal, and cannot be forfeited using Section 54's time limitation. The court noted this would conflict with the three-year limitation period under Article 137 of Limitation Act for money suits. Since pre-deposit was made from assessee's own funds without unjust enrichment, restricting refund by reading "may" as "shall" would be arbitrary. The deficiency memo rejecting the refund application was quashed.
HC ruled that rejection of GST pre-deposit refund application on grounds of time bar under Section 54 is invalid. The court interpreted the word "may" in Section 54 as directory rather than mandatory, following SC precedent. The judgment emphasized that statutory pre-deposit refund is a vested right after successful appeal, and cannot be forfeited using Section 54's time limitation. The court noted this would conflict with the three-year limitation period under Article 137 of Limitation Act for money suits. Since pre-deposit was made from assessee's own funds without unjust enrichment, restricting refund by reading "may" as "shall" would be arbitrary. The deficiency memo rejecting the refund application was quashed.
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