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...
A writ petition challenging the order confirming the proposal in the show cause notice was disposed of by directing a de novo adjudication on merits, subject to the petitioner's compliance with an additional pre-deposit condition. The Court accepted the petitioner's willingness to deposit an extra 15% of the disputed tax over and above the amount already pre-deposited at appeal stage, and required a reply to the show cause notice with supporting documents. The impugned order was treated as an addendum to the notice, earlier payments were to be adjusted subject to verification, and lifting of the bank attachment was made conditional on compliance and the absence of other arrears.
A writ petition challenging the order confirming the proposal in the show cause notice was disposed of by directing a de novo adjudication on merits, subject to the petitioner's compliance with an additional pre-deposit condition. The Court accepted the petitioner's willingness to deposit an extra 15% of the disputed tax over and above the amount already pre-deposited at appeal stage, and required a reply to the show cause notice with supporting documents. The impugned order was treated as an addendum to the notice, earlier payments were to be adjusted subject to verification, and lifting of the bank attachment was made conditional on compliance and the absence of other arrears.
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