Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
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...
Concessional GST for freight and time charter services was subject to non-availment of input tax credit, but the Court held that wrongly availed credit did not justify denial of the concessional entry by applying the higher tax rate. Treating the notification as both a rate and exemption notification, the Court applied Chandrapur Magnet Wires and Unichem Laboratories and held that the proper course was reversal or payment of the inadmissible credit, with interest and penalty. The impugned order was quashed and the matter remitted for fresh determination of the actual credit wrongly availed and utilised, together with consequential interest and 100% penalty.
Concessional GST for freight and time charter services was subject to non-availment of input tax credit, but the Court held that wrongly availed credit did not justify denial of the concessional entry by applying the higher tax rate. Treating the notification as both a rate and exemption notification, the Court applied Chandrapur Magnet Wires and Unichem Laboratories and held that the proper course was reversal or payment of the inadmissible credit, with interest and penalty. The impugned order was quashed and the matter remitted for fresh determination of the actual credit wrongly availed and utilised, together with consequential interest and 100% penalty.
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