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GST refund limitation may follow delayed appellate-order upload where necessary to prevent retention without legal authority.
GST refund limitation ordinarily runs from physical communication of an appellate order because a refund claim may be filed on the basis of an order received physically, while FORM GST APL-04 is only its statutory summary. A delayed departmental upload may exceptionally become the relevant date where necessary to implement a final refund direction and avoid retention without legal authority. Interest is payable at 6% per annum from 15 August 2024 until payment, increasing to 9% per annum upon non-compliance beyond the stipulated implementation period.
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CGST audit commencement follows the later statutory event, leaving timely audit-based show-cause proceedings to statutory adjudication.
CGST audit commencement under Section 65(4) is determined by the later of the date records are made available and the date the audit is actually instituted at the registered person's business premises. Where actual institution was the later event, the audit report was completed within the prescribed three-month period and remained valid. Failure to promptly intimate outstanding documents did not itself invalidate the audit. Show-cause notices under Section 74(1) remain subject to the statutory adjudicatory process and are not ordinarily quashed at the writ stage where a response may be filed and an appellate remedy is available under Section 107.
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Real-estate anti-profiteering uses project-specific credit-to-purchase comparisons, requiring commensurate price reductions and including GST on excess collections.
Real-estate anti-profiteering calculations may quantify additional input tax credit by comparing actual pre-GST credit and post-GST ITC with corresponding project purchase values, rather than turnover, where buyer receipts, construction activity and credit accrual do not align. The resulting project-level savings may be allocated across eligible sold area as a per-square-foot benefit and passed to buyers through commensurate price reductions. Pre-GST purchases and credits remain relevant despite a post-GST commencement certificate if certified records establish project nexus. GST collected on excess realisation forms part of the profiteered amount. Penalty exposure applies for conduct within the provision's effective period, subject to timely-deposit exemption.
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Input tax credit comparison showed no GST benefit requiring a commensurate price reduction under anti-profiteering rules.
Comparison of pre-GST and post-GST input tax credit-to-purchase-value ratios for the relevant project showed a reduction from 6.55% to 5.77%. Recalculation using actual procurement savings established that GST implementation did not confer any additional input tax credit benefit. As no benefit accrued that required a commensurate reduction in prices, the anti-profiteering obligation under Section 171 of the Central Goods and Services Tax Act, 2017 was not contravened. The investigation findings and computations were accepted by both the Respondent and the Applicant.
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Input tax credit adjudication requires specific allegations, reasoned findings, and merits-based appellate review before denial is sustained.
Input tax credit denial requires specific disclosed grounds, a meaningful opportunity to respond, transaction-specific examination, and reasoned findings. A supplier's retrospective registration cancellation alone cannot support disallowance without independent verification and consideration of evidence concerning receipt of supplies and statutory conditions. The claimant's burden to establish credit eligibility must be assessed through a fair adjudicatory process. Statutory appellate review requires inquiry into the material and grounds on record, followed by a written merits-based decision with reasons; non-attendance does not justify dismissal for non-prosecution alone. Foundational defects in notices and original orders require fresh de novo adjudication, while substantive credit eligibility remains open.
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Pre-decisional refund hearing is mandatory; appellate review cannot cure a defective partial rejection of the claim.
Rule 92(3) requires notice in FORM GST RFD-08 and a pre-decisional hearing before any part of a GST refund claim may be rejected. This requirement gives effect to audi alteram partem and principles of natural justice by requiring disclosure of precise grounds so the claimant can provide a meaningful response and supporting evidence. An appellate-stage hearing cannot cure the absence of the prescribed pre-decisional opportunity. Partial refund rejections made without this process, and appellate confirmations, are invalid and require fresh processing; the merits of the alleged input tax credit mismatch remain open.
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Assessment centralisation after a search may support coordinated investigation where material links the assessee with the searched group.
Assessment transfer and centralisation under Section 127 may be justified where a search yields material linking an assessee to the searched group and related entities. Centralisation facilitates coordinated investigation and assessment of matters arising from the same search. A transfer order does not finally determine tax liability, and the assessee may contest the assessment on merits after relevant material is supplied. On those grounds, transfer to a Central Circle is treated as valid and non-arbitrary.
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Reassessment notices require timely foundational information, while proportionate rights shares do not trigger inadequate-consideration taxation on unchanged ownership.
Section 148A(1) requires a reassessment show-cause notice to provide the information suggesting income escapement, including the relevant transaction, valuation or computation basis, and statutory basis, so that the taxpayer has an effective opportunity to respond. Supplying that foundational information after expiry of the limitation period under Section 149(2)(b) cannot retrospectively cure an invalid notice, and a consequential Section 148 notice cannot validate the defective initiation. Section 56(2)(x) does not apply merely because proportionately allotted fresh rights shares are subscribed below computed market value where the shareholder's percentage holding remains unchanged; such allotment does not establish receipt of property from another person for inadequate consideration.

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2022 (10) TMI 1218 - AT - Income Tax

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ITAT reduces bogus purchase addition to 12.5% but sustains creditor addition due to lack of confirmations
ITAT Mumbai partially allowed the assessee's appeal regarding income estimation for bogus purchases. The tribunal upheld CIT(A)'s decision restricting ... Summary

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Acts Income Tax