Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
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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