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Issue Id: 117697
Hi AllCan you please confirm whether we can claim Refund of ITC under Inverted Duty Structure and also Refund of ITC for export done under LUT ... Read Full Issue
Date 14 Dec 2021
Replies 1 Reply
Views 5465 Views
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e Invoice reporting obligations conflict with electronic records law, raising ultra vires concerns and invalidating forced physical production.
e Invoice and e Way Bill operate as reporting obligations and do not create a separate electronic invoice that overrides tax invoice rules; Rule 48(4) cannot displace the timing and issuance requirements of the tax invoice provisions. Rule 138A(2) exceeds its delegated power and is ultra vires the enabling provision and the IT Act's primacy regarding electronic records. Advisories setting procedural deadlines without proper statutory authority are invalid. Detention of vehicles for non production of a physical copy where an electronic record existed is legally questionable and electronic records/QR codes should satisfy document production requirements. (AI Summary)
Date 22 Jun 2024
Madhusudan Mishra
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November 2020