Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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Allegations concern whether a supplier passed the benefit of input tax credit to purchasers by reducing prices; this requires verification of documentary evidence and calculation of the claimed Rs.173 per buyer and alleged Rs.32.78 per sq ft profiteering. Limitation objections under sections governing recovery of tax were raised by the respondent and must be examined against the investigative record. The Appellate Tribunal directed re investigation by the DGAP under the procedural rule for further factual and accounting scrutiny to determine if a commensurate price reduction was effected and whether statutory time limit defenses bar recovery.
Allegations concern whether a supplier passed the benefit of input tax credit to purchasers by reducing prices; this requires verification of documentary evidence and calculation of the claimed Rs.173 per buyer and alleged Rs.32.78 per sq ft profiteering. Limitation objections under sections governing recovery of tax were raised by the respondent and must be examined against the investigative record. The Appellate Tribunal directed re investigation by the DGAP under the procedural rule for further factual and accounting scrutiny to determine if a commensurate price reduction was effected and whether statutory time limit defenses bar recovery.
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