Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
The HC set aside the impugned assessment orders reversing ITC claims based on discrepancies between Form GSTR 2A and GSTR 3B, recognizing that Form GSTR-3B was initially a provisional return and later regularized, with the automated reconciliation system envisaged under Sections 37 to 39 being discontinued. The Court held that non-operability of statutory forms GSTR 2 and 3 does not preclude ITC claims, referencing the apex court's ruling affirming the integrity of the electronic credit ledger. It was noted that ITC entitlement is contingent upon compliance with the amended Section 16(2)(aa) provisions. The HC disposed of the writ petitions, directing the tax authority to reconsider ITC claims per relevant circulars and statutory amendments, granting petitioners a reasonable hearing opportunity within four months from web copy upload, without awaiting certified copies.
The HC set aside the impugned assessment orders reversing ITC claims based on discrepancies between Form GSTR 2A and GSTR 3B, recognizing that Form GSTR-3B was initially a provisional return and later regularized, with the automated reconciliation system envisaged under Sections 37 to 39 being discontinued. The Court held that non-operability of statutory forms GSTR 2 and 3 does not preclude ITC claims, referencing the apex court's ruling affirming the integrity of the electronic credit ledger. It was noted that ITC entitlement is contingent upon compliance with the amended Section 16(2)(aa) provisions. The HC disposed of the writ petitions, directing the tax authority to reconsider ITC claims per relevant circulars and statutory amendments, granting petitioners a reasonable hearing opportunity within four months from web copy upload, without awaiting certified copies.
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