Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
Reversal of input tax credit was predicated on classification of...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed with limitation exclusion
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Reversal of input tax credit was predicated on classification of goods as non-exempt though the show-cause notice did not raise that ground; the notice failed the legally required specificity and the adjudication proceeded beyond the matters pleaded, breaching principles of audi alteram partem and statutory notice requirements, and therefore the adjudication order was set aside. The respondents remain free to initiate fresh proceedings in accordance with law, subject to exclusion of the period from February 24, 2025 until disposal of the writ petition or receipt of certified copy when computing limitation for any new proceedings.
Reversal of input tax credit was predicated on classification of goods as non-exempt though the show-cause notice did not raise that ground; the notice failed the legally required specificity and the adjudication proceeded beyond the matters pleaded, breaching principles of audi alteram partem and statutory notice requirements, and therefore the adjudication order was set aside. The respondents remain free to initiate fresh proceedings in accordance with law, subject to exclusion of the period from February 24, 2025 until disposal of the writ petition or receipt of certified copy when computing limitation for any new proceedings.
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