Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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Leasehold rights used to obtain land and set up a manufacturing facility were treated as an enabling service received for construction on the appellant's own account, so the first condition of the ITC bar under section 17(5)(d) was satisfied. Applying annexation, object, intendment and marketability tests, the Authority held that the air separation plant was an immovable manufacturing facility meant for permanent beneficial enjoyment of the leased land, not a standalone apparatus, equipment or machinery. As the facility did not fall within the statutory meaning of plant and machinery, the exclusion from the credit bar was unavailable and GST input tax credit on the leasehold-rights service remained blocked.
Leasehold rights used to obtain land and set up a manufacturing facility were treated as an enabling service received for construction on the appellant's own account, so the first condition of the ITC bar under section 17(5)(d) was satisfied. Applying annexation, object, intendment and marketability tests, the Authority held that the air separation plant was an immovable manufacturing facility meant for permanent beneficial enjoyment of the leased land, not a standalone apparatus, equipment or machinery. As the facility did not fall within the statutory meaning of plant and machinery, the exclusion from the credit bar was unavailable and GST input tax credit on the leasehold-rights service remained blocked.
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