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GST registration amendments for rented premises require statutory verification, not conclusive title proof or resolution of civil disputes.
GST registration amendments adding rented premises require verification of the premises' business or storage use, the lease or rent agreement, and prescribed support for the lessor's ownership. A pending civil title dispute or questions concerning the lessor's constitution cannot become an additional registration condition; registration neither confers title nor adjudicates lease validity. Verification should not demand conclusive ownership proof or a civil decree where prescribed documentation, including certified copies where available, can be assessed. Undisclosed third-party material cannot be relied on without a response opportunity, and reasons must address relevant documents and contentions. Deficiencies require disclosure and a fresh reasoned determination after hearing.
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Input tax credit mismatches cannot alone defeat verified claims, while uncommunicated hearings undermine GST adjudication.
Input tax credit omitted from relevant financial-year returns may be rectified and claimed within the prescribed period where invoices, transport records and other material verify genuine inward supplies. For the period addressed, GSTR-2A operated as a facilitative record, so a mismatch alone did not establish credit ineligibility where entitlement was independently verified. Effective notice and a hearing are required before an adverse GST decision; uploading notices in a secondary portal tab, leaving hearing particulars unspecified, and deciding on uncommunicated dates impair natural justice. Appellate orders must address appeal grounds, identify points for determination, and state reasons; failure to do so renders the adjudicatory process unsustainable.
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Inverted duty refunds cover higher-taxed packaging inputs for packaged tea despite circular restrictions on same-goods rate changes.
Section 54(3)(ii) permits refund of accumulated input tax credit where the tax rate on inputs exceeds the rate on output supplies. Packaging materials, PET containers and printed flexible packaging used to market packaged tea qualify as inputs, and their higher tax rate against the tax rate on packaged tea creates an inverted duty structure. Circular No. 135/05/2020-GST concerns tax-rate reductions on the same goods at different times and does not apply to this situation. Circulars issued under Section 168(1) cannot restrict a statutory refund entitlement. Accumulated credit attributable to higher-taxed packaging inputs is therefore refundable.
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Credit notes issued during the refund period reduce adjusted total turnover when calculating accumulated input tax credit refunds.
Credit notes validly issued and reported during the relevant refund period, including within the statutory time limit for issuing credit notes, reduce the taxable value of outward supplies. They should therefore be deducted when determining adjusted total turnover under the accumulated input tax credit refund formula. Verification through GSTR-1, voucher records and a chartered accountant certificate supports this treatment where it confirms issuance within the relevant period. Excluding eligible credit notes would inflate adjusted total turnover and distort the refund computation.
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Credit notes issued within the refund period reduce adjusted total turnover for input tax credit refunds.
Valid credit notes issued during the relevant refund period must reduce gross turnover when computing adjusted total turnover for refunds under Rule 89(5) of the CGST Rules. Section 34 permits credit notes where supplied goods are returned and requires a corresponding reduction in taxable turnover, subject to the prescribed time limit. Where credit notes are timely issued and reconciled with GSTR-1 disclosures and the Chartered Accountant's certificate, excluding them would overstate turnover despite the reduced taxable value. Adjusted total turnover must therefore reflect the deduction of those credit notes.
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Inverted duty refunds remain available where higher-taxed business inputs, not principal inputs, cause accumulated credit.
Refund of accumulated input tax credit under an inverted duty structure may arise where any inputs used in the course or furtherance of business bear a higher tax rate than output supplies, even if the principal input and output attract the same rate. "Inputs" is not confined to the principal raw material and excludes capital goods. Administrative circulars addressing rate reductions on the same goods at different times, or concessional supplies, do not cover accumulation caused by other higher-taxed business inputs. Such circulars cannot restrict a statutory refund entitlement where the prescribed conditions are satisfied.
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Limitation in insolvency appeals: certified-copy exclusions cannot extend filing beyond the statutory ceiling for condonation.
Section 62 of the Insolvency and Bankruptcy Code imposes a 45-day appeal period and permits condonation for no more than 15 additional days; its self-contained limitation regime prevails over Companies Act appellate provisions. "Date of receipt" does not allow a litigant to postpone limitation by delaying an application for, or collection of, a certified copy. Pronouncement in open court constitutes pronouncement of the order, and Section 12(2) of the Limitation Act excludes only the period from applying for the copy until it becomes available, not preceding inaction. Because the appeal exceeded the absolute 60-day ceiling even after permissible exclusion, it was time-barred and delay could not be condoned.
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Late-filed homebuyer claims require recorded corporate liability and sufficient cause for delay in time-bound insolvency resolution.
Late-filed homebuyer claims in a corporate insolvency resolution process need not be collated or incorporated into the information memorandum or resolution plan where no corresponding liability appears in the corporate debtor's records. Regulation 12 operates within a time-bound process; transfers through a holding company and settlements not binding on the corporate debtor do not establish a recorded liability. Admission of delayed claims requires genuine and sufficient cause. Prior legal assistance, creditor-committee participation, and a claimed misunderstanding about separate filings did not justify a prolonged delay after creditors approved the resolution plan. Such claims remain outside the insolvency resolution process.
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Prolonged pre-trial detention cannot continue where investigation is complete and trial completion remains unforeseeable despite statutory bail restrictions.
Section 19(2) of the Prevention of Money Laundering Act requires immediate forwarding of the arrest order and supporting material, but imposes no fixed time limit. Expeditious, substantially contemporaneous compliance may accommodate time needed to compile voluminous records and complete administrative requirements; a five-day delay therefore did not invalidate the arrest or custody. The bail restrictions under Section 45 cannot displace Article 21 protection of personal liberty where investigation is complete, pre-trial custody is prolonged, and trial completion is not reasonably foreseeable. Continued detention in those circumstances becomes punitive, warranting bail despite the twin conditions.
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Partner-owned trade mark royalties lack a separate taxable service relationship, placing mutual partnership use outside service tax.
Royalty paid by a partnership firm to partner co-owners for use of a jointly owned trade mark falls outside taxable intellectual-property services where the mark is deployed for the partnership's common business. A partner's contribution or use of jointly owned property for mutual partnership benefit does not establish separate service provider and recipient roles, consideration for a distinct service, or the required quid pro quo; it is service to self. Extended limitation is unavailable where royalty payments were disclosed in accounts and records and returns remained available, with no suppression or intent to evade. Availability of CENVAT credit to the firm further supported the bona fide belief that no taxable service relationship existed.
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2024 (6) TMI 1603 - AT - Income Tax

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Unsecured loan credits were accepted where lender identity, creditworthiness, transaction genuineness and pre-search repayments were fully substantiated.
Unsecured loan additions under Section 68 were deleted because lender confirmations, ledger accounts, bank statements, PAN details, financial statements, ... Summary

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Acts Income Tax