Extended limitation requires willful misstatement or suppression with intent to evade; mere misclassification does not sustain confiscation or penalty...
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Eligibility for Input Tax Credit was reconsidered in light of retrospective insertion of provisions into the GST enactments, the legal basis being the Finance (No.2) Act, 2024 rendering the issue subject to fresh merits scrutiny; consequence: assessment quashed and matter remitted for re-examination of entitlement to ITC notwithstanding belated availment. The prospect of waiver of interest and penalty under the relevant statutory provision was noted as a collateral relief subject to reconsideration. Writ jurisdiction was exercised to set aside the impugned assessment and direct expeditious fresh decision on merits by the assessing authority.
Eligibility for Input Tax Credit was reconsidered in light of retrospective insertion of provisions into the GST enactments, the legal basis being the Finance (No.2) Act, 2024 rendering the issue subject to fresh merits scrutiny; consequence: assessment quashed and matter remitted for re-examination of entitlement to ITC notwithstanding belated availment. The prospect of waiver of interest and penalty under the relevant statutory provision was noted as a collateral relief subject to reconsideration. Writ jurisdiction was exercised to set aside the impugned assessment and direct expeditious fresh decision on merits by the assessing authority.
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