The case examined whether ITC reversal made during inspection was voluntary. The Court held that the timing and presence of authorities indicated lack of voluntariness. It further restored proceedings to protect the Revenue’s statutory rights and allowed fresh action.
The High Court quashed a service tax demand passed ex parte without granting adequate opportunity to the assessee. The matter was remanded for fresh consideration from the show cause notice stage.
The High Court examined a tax demand arising from ITC mismatches between GSTR-3B and GSTR-2A. It held that authorities must follow the reconciliation procedure prescribed under CBIC Circular before adjudication. The case was remanded for fresh consideration.
The Court ruled that authorities cannot deny ITC by disregarding binding CBIC circulars. It held that cross-charging of ITC is legally permissible alongside ISD.
The court held that deduction under Section 80P cannot be granted where no return of income is filed. The key takeaway is that claiming deduction in a valid return is mandatory.
The Karnataka High Court held that property contributed as capital to a partnership becomes firm property. The individual or family rights cannot be claimed once ownership is transferred to the firm.
The issue involved limitation for initiating proceedings where no statutory time limit exists. The Court upheld that actions must still be within a reasonable period. The takeaway is that absence of explicit limitation does not permit indefinite action.
Solar inverters supplied for solar power projects were eligible for the concessional Goods and Services Tax (GST) rate of 5% as solar inverters constituted an integral component of a solar power-generating system and therefore qualified for the concessional tax rate.
The case involved an order passed without any reply from the taxpayer to the show cause notice. The Court set aside the order and remitted the matter for fresh adjudication. It held that an opportunity must be given when substantial tax recovery has already occurred.
The company could not claim the concessional GST rate of 0.1% under Notification No. 41/2017-IT(Rate), as the supply of HDPE drums was made to a chemical manufacturer rather than directly to the registered merchant exporter.
