Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
The HC dismissed the petitioner's criminal petition seeking to quash proceedings under Section 132(6) of the CGST Act, 2017 for fraudulent ITC availment. The court found that statements on record revealed the petitioner actively managed GST filings and invoice generation for multiple entities, including bogus invoices without actual goods movement, establishing prima facie involvement in the fraudulent scheme. The challenge to summons validity failed as the cited instruction was issued after the summons in question, precluding retrospective application. The court held that adjudication based solely on investigating officer statements and existing departmental penalty were matters for trial determination. Applying Section 482 Cr.P.C. principles, the HC declined premature interference given incomplete contested facts requiring full examination before the trial court.
The HC dismissed the petitioner's criminal petition seeking to quash proceedings under Section 132(6) of the CGST Act, 2017 for fraudulent ITC availment. The court found that statements on record revealed the petitioner actively managed GST filings and invoice generation for multiple entities, including bogus invoices without actual goods movement, establishing prima facie involvement in the fraudulent scheme. The challenge to summons validity failed as the cited instruction was issued after the summons in question, precluding retrospective application. The court held that adjudication based solely on investigating officer statements and existing departmental penalty were matters for trial determination. Applying Section 482 Cr.P.C. principles, the HC declined premature interference given incomplete contested facts requiring full examination before the trial court.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
