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...
Input tax credit was denied on the ground that returns for May 2018-March 2019 were not filed within the time limit under Section 16(4) of the CGST Act. The Court held that the subsequently introduced Section 16(5) creates an overriding entitlement, since it begins with a non obstante clause and imposes only the condition that the relevant returns be filed on or before 30 November 2021; upon such filing, the limitation under Section 16(4) becomes inapplicable. The earlier adverse order in prior proceedings challenging Section 16(4) did not bar relief, as Section 16(5) furnished a fresh statutory basis. Relief was granted and the petition was disposed of. - HC
Input tax credit was denied on the ground that returns for May 2018-March 2019 were not filed within the time limit under Section 16(4) of the CGST Act. The Court held that the subsequently introduced Section 16(5) creates an overriding entitlement, since it begins with a non obstante clause and imposes only the condition that the relevant returns be filed on or before 30 November 2021; upon such filing, the limitation under Section 16(4) becomes inapplicable. The earlier adverse order in prior proceedings challenging Section 16(4) did not bar relief, as Section 16(5) furnished a fresh statutory basis. Relief was granted and the petition was disposed of. - HC
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