Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Validity of a show cause notice proposing retroactive cancellation of GST registration was examined; the High Court held that retroactive cancellation from 01.07.2017 as proposed in Form GST Reg-17 could not be sustained and that portion of the notice is quashed. The Court directed respondents to adjudicate the notice afresh and permitted revival of registration only by following precedent-based safeguards, including filing of returns, payment of tax, interest, fines and fees, restricted utilization of input tax credit until scrutiny, and other regularisation conditions to prevent misuse.
Validity of a show cause notice proposing retroactive cancellation of GST registration was examined; the High Court held that retroactive cancellation from 01.07.2017 as proposed in Form GST Reg-17 could not be sustained and that portion of the notice is quashed. The Court directed respondents to adjudicate the notice afresh and permitted revival of registration only by following precedent-based safeguards, including filing of returns, payment of tax, interest, fines and fees, restricted utilization of input tax credit until scrutiny, and other regularisation conditions to prevent misuse.
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