Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
Scientific research association approval requires continuing SIRO status, annual donation reporting, and donor certificates for the approved foundatio...
Scientific research institution approval is conditional on SIRO recognition, annual donation reporting, donor certification, and prescribed compliance...
Section 16(2)(c) makes actual payment of tax by the supplier a foundational condition for input tax credit and is constitutionally valid. Credit cannot, however, be denied mechanically merely because a supplier's registration was cancelled or its returns show nil or short tax liability. Adjudication must assess the genuineness of supply, recipient evidence, circumstances of supplier default, available recovery action against the supplier, and the applicable statutory framework. Proceedings under Section 74 must state the foundational facts establishing fraud, wilful misstatement or suppression by the recipient; supplier fraud cannot be attributed without a direct factual link. Pending and concluded matters require fresh adjudication or reconsideration with hearing and without coercive recovery until determination.
Section 16(2)(c) makes actual payment of tax by the supplier a foundational condition for input tax credit and is constitutionally valid. Credit cannot, however, be denied mechanically merely because a supplier's registration was cancelled or its returns show nil or short tax liability. Adjudication must assess the genuineness of supply, recipient evidence, circumstances of supplier default, available recovery action against the supplier, and the applicable statutory framework. Proceedings under Section 74 must state the foundational facts establishing fraud, wilful misstatement or suppression by the recipient; supplier fraud cannot be attributed without a direct factual link. Pending and concluded matters require fresh adjudication or reconsideration with hearing and without coercive recovery until determination.
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