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...
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The HC struck down para 2(2) of Circular No. 181/13/2022-GST dated 10.11.2022 as ultra vires Section 54 of the GST Act and violative of Article 14 of the Constitution. The circular had improperly applied restrictions from the 13.7.2022 notification to all refund applications filed after 13.7.2022, even for periods predating the notification. The Court found this created an arbitrary and discriminatory classification among assessees based solely on filing date, despite applications being within the statutory limitation period. Following its precedent in Ascent Meditech, the HC ruled that such artificial classification was impermissible, particularly as the notification itself had prospective effect commencing July 18, 2022. Petition allowed.
The HC struck down para 2(2) of Circular No. 181/13/2022-GST dated 10.11.2022 as ultra vires Section 54 of the GST Act and violative of Article 14 of the Constitution. The circular had improperly applied restrictions from the 13.7.2022 notification to all refund applications filed after 13.7.2022, even for periods predating the notification. The Court found this created an arbitrary and discriminatory classification among assessees based solely on filing date, despite applications being within the statutory limitation period. Following its precedent in Ascent Meditech, the HC ruled that such artificial classification was impermissible, particularly as the notification itself had prospective effect commencing July 18, 2022. Petition allowed.
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