Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
The HC quashed orders reversing ITC claims based on time limitations, following its precedent in W.P.Nos.25081 of 2023. The court determined that the retrospective amendment to Section 16 of the CGST Act, specifically the insertion of sub-section (5) effective from 01.07.2017, entitles petitioners to avail ITC for GSTR-3B returns filed for FYs 2017-18 through 2020-21 on or before 30.11.2021. The court directed the respondent-Department to de-freeze bank accounts and cease recovery actions, thereby allowing the petition and establishing that the retrospective amendment overrides the original limitation period in Section 16(4).
The HC quashed orders reversing ITC claims based on time limitations, following its precedent in W.P.Nos.25081 of 2023. The court determined that the retrospective amendment to Section 16 of the CGST Act, specifically the insertion of sub-section (5) effective from 01.07.2017, entitles petitioners to avail ITC for GSTR-3B returns filed for FYs 2017-18 through 2020-21 on or before 30.11.2021. The court directed the respondent-Department to de-freeze bank accounts and cease recovery actions, thereby allowing the petition and establishing that the retrospective amendment overrides the original limitation period in Section 16(4).
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