Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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The HC dismissed the writ petition challenging the denial of Input Tax Credit (ITC) where the petitioner was found to have availed inadmissible credit based on fictitious invoices issued by non-existent suppliers. The Court held that no Show Cause Notice or personal hearing violated natural justice principles, but the writ petition was not maintainable due to the fraudulent nature of the ITC claim, aligning with precedent restricting writ relief in such cases to protect the exchequer and GST regime. The limitation argument was rejected as the impugned order was validly passed within the prescribed period. The petitioner was granted leave to file an appeal before the Appellate Authority within one month, subject to the required pre-deposit.
The HC dismissed the writ petition challenging the denial of Input Tax Credit (ITC) where the petitioner was found to have availed inadmissible credit based on fictitious invoices issued by non-existent suppliers. The Court held that no Show Cause Notice or personal hearing violated natural justice principles, but the writ petition was not maintainable due to the fraudulent nature of the ITC claim, aligning with precedent restricting writ relief in such cases to protect the exchequer and GST regime. The limitation argument was rejected as the impugned order was validly passed within the prescribed period. The petitioner was granted leave to file an appeal before the Appellate Authority within one month, subject to the required pre-deposit.
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