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...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
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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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