Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4884 
