Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
The HC quashed orders dated 26.03.2024 and 30.05.2024 passed by the respondent-Department that reversed/negatived petitioner's Input Tax Credit claim. The court held that while the ITC claim was barred by limitation under Section 16(4) of the CGST Act, 2017, it fell within the prescribed period under Section 16(5) of the same Act. Consequently, the respondent-Department was restrained from initiating any proceedings against the petitioners based on the impugned orders concerning the limitation issue. The petitioner successfully relied on precedent from another case to support their position. The writ petition was allowed in favor of the petitioner.
The HC quashed orders dated 26.03.2024 and 30.05.2024 passed by the respondent-Department that reversed/negatived petitioner's Input Tax Credit claim. The court held that while the ITC claim was barred by limitation under Section 16(4) of the CGST Act, 2017, it fell within the prescribed period under Section 16(5) of the same Act. Consequently, the respondent-Department was restrained from initiating any proceedings against the petitioners based on the impugned orders concerning the limitation issue. The petitioner successfully relied on precedent from another case to support their position. The writ petition was allowed in favor of the petitioner.
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