Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Entitlement to refund of unutilised input tax credit on corporate amalgamation is governed by the transfer mechanism under Section 87 and statutory compliance with FORM GST ITC-02; the transferee may receive unutilised ITC only if transfer formalities, including valid registration of the transferor at time of transfer and settlement of liabilities, are observed, and registration cancellation takes effect from the date of the sanctioning order. Partial transfer of ITC without complete compliance and concurrent irregular registration actions by officers vitiate relief and invoke the doctrine of pari delicto, preventing either party from obtaining refund where both are at fault. Directions issued for strict procedural adherence in future amalgamations.
Entitlement to refund of unutilised input tax credit on corporate amalgamation is governed by the transfer mechanism under Section 87 and statutory compliance with FORM GST ITC-02; the transferee may receive unutilised ITC only if transfer formalities, including valid registration of the transferor at time of transfer and settlement of liabilities, are observed, and registration cancellation takes effect from the date of the sanctioning order. Partial transfer of ITC without complete compliance and concurrent irregular registration actions by officers vitiate relief and invoke the doctrine of pari delicto, preventing either party from obtaining refund where both are at fault. Directions issued for strict procedural adherence in future amalgamations.
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