Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Additional input tax credit under GST had accrued to the respondent and was not passed on to homebuyers by commensurate price reduction, as the Tribunal accepted the DGAP's finding that the input tax credit-to-purchase value ratio increased post-GST and the respondent accepted the computation; this amounted to contravention of Section 171. The Tribunal further held that the obligation to pass on the benefit arose at the time of supply, so the profiteered amount had to be refunded with 18% interest from the date of collection of the last instalment until return to the eligible homebuyers. It also held that penalty was leviable under Section 171(3A), subject to the statutory proviso on deposit within thirty days.
Additional input tax credit under GST had accrued to the respondent and was not passed on to homebuyers by commensurate price reduction, as the Tribunal accepted the DGAP's finding that the input tax credit-to-purchase value ratio increased post-GST and the respondent accepted the computation; this amounted to contravention of Section 171. The Tribunal further held that the obligation to pass on the benefit arose at the time of supply, so the profiteered amount had to be refunded with 18% interest from the date of collection of the last instalment until return to the eligible homebuyers. It also held that penalty was leviable under Section 171(3A), subject to the statutory proviso on deposit within thirty days.
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