Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
The HC held that reversal of input tax credit during an ongoing inspection, in the presence of officers, supported the finding that the declaration under Section 74(5) was not voluntary; the subsequent payment of interest and penalty and request for closure were treated as consequential. It noted that a bare allegation of coercion needs supporting circumstances, but on these facts the inspection context made the involuntariness credible, so that finding was sustained. As the closure under Sections 74(5) and 74(6) was invalid, the proceedings were restored to the pre-closure stage, with liberty to proceed under Sections 73 or 74 and exclusion of the intervening period from limitation.
The HC held that reversal of input tax credit during an ongoing inspection, in the presence of officers, supported the finding that the declaration under Section 74(5) was not voluntary; the subsequent payment of interest and penalty and request for closure were treated as consequential. It noted that a bare allegation of coercion needs supporting circumstances, but on these facts the inspection context made the involuntariness credible, so that finding was sustained. As the closure under Sections 74(5) and 74(6) was invalid, the proceedings were restored to the pre-closure stage, with liberty to proceed under Sections 73 or 74 and exclusion of the intervening period from limitation.
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