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Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
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Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The HC held that the petitioner was entitled to Input Tax Credit (ITC) despite the seller's GST registration being canceled retrospectively. Since the transaction occurred on 06.12.2018 when the seller was validly registered, and the cancellation took effect from 29.01.2020, no adverse inference could be drawn against the petitioner. The Court emphasized that under Sections 16 and 74 of the GST Act and Rule 36 of GST Rules, ITC eligibility depends on conditions fulfilled at the time of transaction. The authorities failed to verify GSTR-1A, GSTR-3B, and tax deposits by the seller. The petition was allowed, and the matter remanded for fresh consideration with a reasoned order after hearing all stakeholders.
The HC held that the petitioner was entitled to Input Tax Credit (ITC) despite the seller's GST registration being canceled retrospectively. Since the transaction occurred on 06.12.2018 when the seller was validly registered, and the cancellation took effect from 29.01.2020, no adverse inference could be drawn against the petitioner. The Court emphasized that under Sections 16 and 74 of the GST Act and Rule 36 of GST Rules, ITC eligibility depends on conditions fulfilled at the time of transaction. The authorities failed to verify GSTR-1A, GSTR-3B, and tax deposits by the seller. The petition was allowed, and the matter remanded for fresh consideration with a reasoned order after hearing all stakeholders.
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