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...
The HC allowed the writ appeal, set aside the Single-Member bench decision and ruled for the Revenue. The court held that refunds under section 49(6) are permissive only "in accordance with" section 54, and do not independently entitle a taxpayer to refund accumulated input tax credit (ITC) on discontinuance or disposals unless statutory preconditions are met. The respondent failed to plead or prove reversal of accumulated credit under section 29(5) and did not establish entitlement under section 54 or applicable rules. Consequently the writ was held not maintainable and no constitutional or statutory violation was made out entitling to the claimed refund.
The HC allowed the writ appeal, set aside the Single-Member bench decision and ruled for the Revenue. The court held that refunds under section 49(6) are permissive only "in accordance with" section 54, and do not independently entitle a taxpayer to refund accumulated input tax credit (ITC) on discontinuance or disposals unless statutory preconditions are met. The respondent failed to plead or prove reversal of accumulated credit under section 29(5) and did not establish entitlement under section 54 or applicable rules. Consequently the writ was held not maintainable and no constitutional or statutory violation was made out entitling to the claimed refund.
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