Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Blocking of an electronic credit ledger under Rule 86A cannot continue beyond one year from the date of imposition, because the restriction ceases by operation of law on expiry of that statutory period. The Court held that continuation of the blockage after one year was arbitrary and illegal, and directed the ledger to be unblocked. It also held that blocking input tax credit in the electronic credit ledger carries serious civil consequences and ordinarily requires a pre-decisional hearing; in the absence of exceptional reasons, failure to grant such hearing violates natural justice. The impugned blocking was therefore unsustainable, though the department was left free to take proceedings permissible in law.
Blocking of an electronic credit ledger under Rule 86A cannot continue beyond one year from the date of imposition, because the restriction ceases by operation of law on expiry of that statutory period. The Court held that continuation of the blockage after one year was arbitrary and illegal, and directed the ledger to be unblocked. It also held that blocking input tax credit in the electronic credit ledger carries serious civil consequences and ordinarily requires a pre-decisional hearing; in the absence of exceptional reasons, failure to grant such hearing violates natural justice. The impugned blocking was therefore unsustainable, though the department was left free to take proceedings permissible in law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
