Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
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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