Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
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 an order under Section 74 of HP GST Act, 2017 imposing interest of Rs. 1,32,34,923/- and penalty of Rs. 1,11,45,134/- on the petitioner for alleged wrongful availment of Input Tax Credit. The court held that payment made 'under protest' cannot constitute admission of liability, as such payment inherently reserves the right to challenge the order while disputing the debt's validity. The HC relied on Black's Law Dictionary definition establishing that 'under protest' payment involves formal dispute of liability while making payment unwillingly. Consequently, the respondent was directed to issue fresh DRC-07 incorporating only the disputed tax amount, enabling the petitioner to file an appeal before the appellate authority. The petition was allowed.
The HC quashed an order under Section 74 of HP GST Act, 2017 imposing interest of Rs. 1,32,34,923/- and penalty of Rs. 1,11,45,134/- on the petitioner for alleged wrongful availment of Input Tax Credit. The court held that payment made 'under protest' cannot constitute admission of liability, as such payment inherently reserves the right to challenge the order while disputing the debt's validity. The HC relied on Black's Law Dictionary definition establishing that 'under protest' payment involves formal dispute of liability while making payment unwillingly. Consequently, the respondent was directed to issue fresh DRC-07 incorporating only the disputed tax amount, enabling the petitioner to file an appeal before the appellate authority. The petition was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
