Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Section 17(5)(d) of the CGST Act denies Input Tax Credit for goods or services received for construction of an immovable property on one's own account, excluding plant and machinery; the provision's phrase "including when such goods or services or both are used in the course or furtherance of business" is interpreted to extend the block to constructions intended for lease. Applying that principle, costs of construction materials, fixtures and related services used to build a commercial property for letting are ineligible for ITC and the applicant cannot claim credit on those inputs.
Section 17(5)(d) of the CGST Act denies Input Tax Credit for goods or services received for construction of an immovable property on one's own account, excluding plant and machinery; the provision's phrase "including when such goods or services or both are used in the course or furtherance of business" is interpreted to extend the block to constructions intended for lease. Applying that principle, costs of construction materials, fixtures and related services used to build a commercial property for letting are ineligible for ITC and the applicant cannot claim credit on those inputs.
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