Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
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The article explains that the departmental endorsement added to statutory Form ITC-02, requiring transferor and transferee to be in the same State/UT, lacks statutory basis and is unlawful; therefore it cannot be used to deny unutilised input tax credit. It states that Section 18(3) read with Rule 41 permits transfer of unutilised CGST on an NCLT approved amalgamation even where entities are in different States, and that portal restrictions are de hors the statutory scheme. Practically, until the portal is amended, the department must accept manually filed ITC-02 forms and process them within six weeks of receipt.
The article explains that the departmental endorsement added to statutory Form ITC-02, requiring transferor and transferee to be in the same State/UT, lacks statutory basis and is unlawful; therefore it cannot be used to deny unutilised input tax credit. It states that Section 18(3) read with Rule 41 permits transfer of unutilised CGST on an NCLT approved amalgamation even where entities are in different States, and that portal restrictions are de hors the statutory scheme. Practically, until the portal is amended, the department must accept manually filed ITC-02 forms and process them within six weeks of receipt.
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