Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Input tax credit could not be denied on the entire tax component merely because depreciation was claimed on the unavailed portion. The HC held that section 16(3) bars credit only to the extent depreciation is claimed on the same tax component actually taken as credit, and not on the 50% portion that lapses under the banking-company scheme in section 17(4). Reading sections 16(3), 17(2) and 17(4) together, the Court found no double benefit where depreciation was claimed only on the lapsed credit. The show cause notices were quashed, and the adjudication order was interfered with only to that limited extent.
Input tax credit could not be denied on the entire tax component merely because depreciation was claimed on the unavailed portion. The HC held that section 16(3) bars credit only to the extent depreciation is claimed on the same tax component actually taken as credit, and not on the 50% portion that lapses under the banking-company scheme in section 17(4). Reading sections 16(3), 17(2) and 17(4) together, the Court found no double benefit where depreciation was claimed only on the lapsed credit. The show cause notices were quashed, and the adjudication order was interfered with only to that limited extent.
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