Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
HC upheld the constitutional validity of Section 16(2)(aa) of the CGST Act and corresponding State provision, holding that stricter conditions for availing ITC, linked to the supplier's GST compliance, are a legitimate measure to curb fraudulent claims and enhance transparency. However, the provision was read down to protect bona fide recipients: ITC cannot be denied solely due to the supplier's default or failure to correctly upload invoices in GSTR-2 without first granting the purchasing dealer an opportunity to establish bona fides through tax invoices and supporting documents. Subject to this interpretative safeguard, challenges to the provision and related CBIC circulars were rejected and the petition was disposed of.
HC upheld the constitutional validity of Section 16(2)(aa) of the CGST Act and corresponding State provision, holding that stricter conditions for availing ITC, linked to the supplier's GST compliance, are a legitimate measure to curb fraudulent claims and enhance transparency. However, the provision was read down to protect bona fide recipients: ITC cannot be denied solely due to the supplier's default or failure to correctly upload invoices in GSTR-2 without first granting the purchasing dealer an opportunity to establish bona fides through tax invoices and supporting documents. Subject to this interpretative safeguard, challenges to the provision and related CBIC circulars were rejected and the petition was disposed of.
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