Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals ...
Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
HC quashed the impugned order denying refund of IGST to the petitioner-assessee and directed grant of refund. It held that mere suspicion of excess ITC availment cannot justify withholding refund through a notice under Rule 92(3) CGST Rules when no discrepancy in the refund claim is established. Relying on SC principles, HC held that initiation of recovery proceedings for excess ITC requires issuance of a proper show cause notice under Sections 73 or 74 CGST Act, with adherence to natural justice. As no such notice existed and the audit report did not indicate wrongful ITC for FY 2019-20, non-grant of refund was held unsustainable.
HC quashed the impugned order denying refund of IGST to the petitioner-assessee and directed grant of refund. It held that mere suspicion of excess ITC availment cannot justify withholding refund through a notice under Rule 92(3) CGST Rules when no discrepancy in the refund claim is established. Relying on SC principles, HC held that initiation of recovery proceedings for excess ITC requires issuance of a proper show cause notice under Sections 73 or 74 CGST Act, with adherence to natural justice. As no such notice existed and the audit report did not indicate wrongful ITC for FY 2019-20, non-grant of refund was held unsustainable.
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