Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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HC dismissed the writ petition and relegated the petitioner to the statutory appellate remedy under the GST Act, holding that disputed claims of fraudulent input tax credit and counter-allegations involve contested questions of fact requiring document-centric fact-finding by the competent appellate authority rather than judicial resolution in a writ jurisdiction. Noting the petitioner deposited 10% of the disputed tax during proceedings, the HC directed that the appellate authority shall admit and decide the appeal without being inhibited by limitation, and that the period during which the writ was pending be excluded from limitation computation, thereby permitting the petitioner to prosecute the appeal on merits before the appellate forum.
HC dismissed the writ petition and relegated the petitioner to the statutory appellate remedy under the GST Act, holding that disputed claims of fraudulent input tax credit and counter-allegations involve contested questions of fact requiring document-centric fact-finding by the competent appellate authority rather than judicial resolution in a writ jurisdiction. Noting the petitioner deposited 10% of the disputed tax during proceedings, the HC directed that the appellate authority shall admit and decide the appeal without being inhibited by limitation, and that the period during which the writ was pending be excluded from limitation computation, thereby permitting the petitioner to prosecute the appeal on merits before the appellate forum.
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