Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
HC held that petitioner, an Input Service Distributor, could not be denied transition and distribution of eligible ITC merely due to GSTN portal glitches that prevented timely filing of TRAN-01 and consequent distribution within one month under Rule 39(1)(a) of the CGST Rules. Interpreting Section 140(7) CGST Act, the HC held that legitimate transitional credit, clearly reflected in TRAN-01, must be given effect notwithstanding technical or system limitations. HC directed the tax authorities to reflect Rs. 99,18,972/- in the petitioner's Electronic Credit Ledger within three months, with GSTN's cooperation if necessary, and granted the petitioner one further month thereafter to distribute such credit to its sub-offices. Petition was disposed of accordingly.
HC held that petitioner, an Input Service Distributor, could not be denied transition and distribution of eligible ITC merely due to GSTN portal glitches that prevented timely filing of TRAN-01 and consequent distribution within one month under Rule 39(1)(a) of the CGST Rules. Interpreting Section 140(7) CGST Act, the HC held that legitimate transitional credit, clearly reflected in TRAN-01, must be given effect notwithstanding technical or system limitations. HC directed the tax authorities to reflect Rs. 99,18,972/- in the petitioner's Electronic Credit Ledger within three months, with GSTN's cooperation if necessary, and granted the petitioner one further month thereafter to distribute such credit to its sub-offices. Petition was disposed of accordingly.
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