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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The HC set aside the impugned demand notices under DRC-01 and held the reasoning insufficient to sustain a tax demand based solely on alleged suppression in GSTR-1, GSTR-3B and GSTR-9C; the respondents must first adduce cogent evidence of turnover suppression before issuing demand. The Court recognised that disproportionate inward versus outward supplies might stem from excess availing of Input Tax Credit, warranting further enquiry. The matter is remitted to the respondent for fresh adjudication; the petitioner is permitted to file a reply with supporting documents. Petition disposed of by remand with liberty to proceed in accordance with law.
The HC set aside the impugned demand notices under DRC-01 and held the reasoning insufficient to sustain a tax demand based solely on alleged suppression in GSTR-1, GSTR-3B and GSTR-9C; the respondents must first adduce cogent evidence of turnover suppression before issuing demand. The Court recognised that disproportionate inward versus outward supplies might stem from excess availing of Input Tax Credit, warranting further enquiry. The matter is remitted to the respondent for fresh adjudication; the petitioner is permitted to file a reply with supporting documents. Petition disposed of by remand with liberty to proceed in accordance with law.
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