CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
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HC held that the recovery of tax dues from the petitioner was premature and in violation of statutory provisions under Sections 78 and 79 of CGST/BGST Act, 2017. The Recovery Officer was mandated to wait three months from the date of service order before initiating recovery proceedings. The impugned orders rejecting Input Tax Credit claims were set aside due to retrospective amendment under Section 16(5). Respondent authorities were directed to refund the recovered amount of Rs.50,75,214/- within two weeks, with 12% per annum interest in case of default. The second appeal could not be preferred as the Tribunal was not constituted, effectively suspending the appeal timeline.
HC held that the recovery of tax dues from the petitioner was premature and in violation of statutory provisions under Sections 78 and 79 of CGST/BGST Act, 2017. The Recovery Officer was mandated to wait three months from the date of service order before initiating recovery proceedings. The impugned orders rejecting Input Tax Credit claims were set aside due to retrospective amendment under Section 16(5). Respondent authorities were directed to refund the recovered amount of Rs.50,75,214/- within two weeks, with 12% per annum interest in case of default. The second appeal could not be preferred as the Tribunal was not constituted, effectively suspending the appeal timeline.
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