Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Transitional input tax credit under Section 140 must be examined within its own confined jurisdiction, and issues falling within MVAT proceedings cannot be imported without a proper Section 140 analysis. The appellate authority's findings were vague, non-speaking and did not show a legally structured consideration of the limited credit issue. The High Court therefore set aside the appellate order and remanded the matter for fresh, independent adjudication on transitional input tax credit after hearing both sides, with all contentions left open.
Transitional input tax credit under Section 140 must be examined within its own confined jurisdiction, and issues falling within MVAT proceedings cannot be imported without a proper Section 140 analysis. The appellate authority's findings were vague, non-speaking and did not show a legally structured consideration of the limited credit issue. The High Court therefore set aside the appellate order and remanded the matter for fresh, independent adjudication on transitional input tax credit after hearing both sides, with all contentions left open.
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