Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The SC dismissed the Special Leave Petition challenging the applicability of the refund formula under Rule 89(5) of the CGST/SGST Rules, 2017 and related notifications. The Court upheld the validity of the formula for refund of unutilized input tax credit, rejecting claims of ambiguity or unworkability. It affirmed the High Court's view that although the formula may produce certain practical inequities, it aligns with legislative intent to grant limited refunds on accumulated ITC. The Court declined to interfere, holding that the GST Council's formula and related circulars are valid and their retrospective or prospective application does not warrant judicial intervention. Consequently, the petition was dismissed, confirming the existing legal framework for refund of unutilized ITC under the prescribed rules.
The SC dismissed the Special Leave Petition challenging the applicability of the refund formula under Rule 89(5) of the CGST/SGST Rules, 2017 and related notifications. The Court upheld the validity of the formula for refund of unutilized input tax credit, rejecting claims of ambiguity or unworkability. It affirmed the High Court's view that although the formula may produce certain practical inequities, it aligns with legislative intent to grant limited refunds on accumulated ITC. The Court declined to interfere, holding that the GST Council's formula and related circulars are valid and their retrospective or prospective application does not warrant judicial intervention. Consequently, the petition was dismissed, confirming the existing legal framework for refund of unutilized ITC under the prescribed rules.
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