Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
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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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