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...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Review jurisdiction was exercised to reopen earlier Tribunal orders because the Supreme Court's three-Judge Bench order recalling Ganpati Dealcom and granting liberty to seek review was treated as binding. The Tribunal held it had no competence to disregard that order or treat it as per incuriam, and a contrary Gauhati High Court view could not override binding Supreme Court precedent. On the Tribunal's earlier reasoning regarding review and delay, the review petitions were entertained, the delay in filing was condoned, and the matters were reopened.
Review jurisdiction was exercised to reopen earlier Tribunal orders because the Supreme Court's three-Judge Bench order recalling Ganpati Dealcom and granting liberty to seek review was treated as binding. The Tribunal held it had no competence to disregard that order or treat it as per incuriam, and a contrary Gauhati High Court view could not override binding Supreme Court precedent. On the Tribunal's earlier reasoning regarding review and delay, the review petitions were entertained, the delay in filing was condoned, and the matters were reopened.
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