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...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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