Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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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