Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
The HC upheld the disallowance of input tax credit (ITC) and cancellation of GST registration against the petitioner, finding that the supplier was a non-genuine dealer who failed to discharge tax liability under section 16(2)(c) of the GST Act. The petitioner failed to produce documentary evidence supporting the genuineness of supplies. Unlike precedents where revenue failed to inquire with suppliers, the respondent here conducted an inquiry confirming non-payment of tax by the supplier, justifying reversal of ITC by the petitioner. However, the penalty imposed was set aside due to the absence of mandatory prior intimation in Form GST DRC-01A under section 73. Consequently, the impugned order was modified to quash the penalty, while affirming the reversal of ITC and cancellation of registration. The appeal was disposed of accordingly.
The HC upheld the disallowance of input tax credit (ITC) and cancellation of GST registration against the petitioner, finding that the supplier was a non-genuine dealer who failed to discharge tax liability under section 16(2)(c) of the GST Act. The petitioner failed to produce documentary evidence supporting the genuineness of supplies. Unlike precedents where revenue failed to inquire with suppliers, the respondent here conducted an inquiry confirming non-payment of tax by the supplier, justifying reversal of ITC by the petitioner. However, the penalty imposed was set aside due to the absence of mandatory prior intimation in Form GST DRC-01A under section 73. Consequently, the impugned order was modified to quash the penalty, while affirming the reversal of ITC and cancellation of registration. The appeal was disposed of accordingly.
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