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...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
With the introduction of GST, a construction service provider received additional input tax credit on goods and input services and was required to pass on the commensurate benefit to homebuyers under anti-profiteering principles. The Tribunal upheld the revised computation comparing pre-GST and post-GST ITC to construction cost, rejected exclusion of input-service credit, and accepted price adjustment as a valid mode of passing on benefit. It also held that the balance profiteered amount had to be returned with the corresponding GST component, since collections from buyers were inclusive of GST, and interest at 18% per annum applied from the dates of collection until refund. Penalty under Section 171(3A) was found attracted for the post-commencement period.
With the introduction of GST, a construction service provider received additional input tax credit on goods and input services and was required to pass on the commensurate benefit to homebuyers under anti-profiteering principles. The Tribunal upheld the revised computation comparing pre-GST and post-GST ITC to construction cost, rejected exclusion of input-service credit, and accepted price adjustment as a valid mode of passing on benefit. It also held that the balance profiteered amount had to be returned with the corresponding GST component, since collections from buyers were inclusive of GST, and interest at 18% per annum applied from the dates of collection until refund. Penalty under Section 171(3A) was found attracted for the post-commencement period.
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