Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
HC allowed the petition challenging rejection of GST refund claim for unutilized input tax credit. Petitioner sought refund but authorities rejected the claim for non-submission of Foreign Inward Remittance Certificate as mandated by CBIC Circular. Petitioner submitted Chartered Accountant certificate evidencing receipt of convertible foreign exchange for exported services, citing technical inability to access Form GST RFD-08 on portal. HC relied on Supreme Court precedent in Union of India v Mangal Textile Mills holding CA certificates constitute authentic documents requiring consideration by authorities. Court directed respondent-authorities to process refund application without insisting on FIRC requirement, accepting CA certificate as sufficient proof of foreign exchange realization. Impugned order quashed and set aside.
HC allowed the petition challenging rejection of GST refund claim for unutilized input tax credit. Petitioner sought refund but authorities rejected the claim for non-submission of Foreign Inward Remittance Certificate as mandated by CBIC Circular. Petitioner submitted Chartered Accountant certificate evidencing receipt of convertible foreign exchange for exported services, citing technical inability to access Form GST RFD-08 on portal. HC relied on Supreme Court precedent in Union of India v Mangal Textile Mills holding CA certificates constitute authentic documents requiring consideration by authorities. Court directed respondent-authorities to process refund application without insisting on FIRC requirement, accepting CA certificate as sufficient proof of foreign exchange realization. Impugned order quashed and set aside.
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