ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
AAR holds that input tax charged on Hydrotreated Vegetable Oil (HVO)/renewable diesel may be claimed as input tax credit by the applicant only if all statutory conditions and restrictions under Section 16 read with Section 17 of the CGST Act, 2017 are satisfied; availability is case-specific and subject to applicable rules framed under Section 164. The Authority affirms that imposition of uniform statutory restrictions on ITC is constitutionally valid and that ITC is not an absolute right. The taxpayer bears the evidentiary burden to establish admissibility of credit through prescribed records and payments. The AAR declines to adjudicate on technical or legal classification of HVO as fuel, as that question falls outside its remit.
AAR holds that input tax charged on Hydrotreated Vegetable Oil (HVO)/renewable diesel may be claimed as input tax credit by the applicant only if all statutory conditions and restrictions under Section 16 read with Section 17 of the CGST Act, 2017 are satisfied; availability is case-specific and subject to applicable rules framed under Section 164. The Authority affirms that imposition of uniform statutory restrictions on ITC is constitutionally valid and that ITC is not an absolute right. The taxpayer bears the evidentiary burden to establish admissibility of credit through prescribed records and payments. The AAR declines to adjudicate on technical or legal classification of HVO as fuel, as that question falls outside its remit.
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