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Summary of recent GST High Court decisions on refund validity, tax evasion penalties, provisional attachment limits, ITC denial, and writ petition maintainability.
Supreme Court held that resolution plan by Successful Resolution Application i.e. Piramal Capital and Housing Limited for Dewan Housing Finance Corporation Ltd [DHFL] stands approved. Accordingly, appeal filed by assessee dismissed.
SC sets framework distinguishing copyright from design protection for industrial drawings, impacting IP law. Clarifies Section 15(2) application.
SC mandates reporting of cash transactions over ₹2L under Section 269ST, directing courts, IT authorities, and registrars to ensure compliance and curb violations.
Supreme Court rules overruling judgments under NDPS Act are retrospective. Clarifies scope of Section 8, Schedule I & impact on past cases.
Supreme Court judgment: Income Tax Commissioners cannot routinely remand cases if Assessing Officer finds no additions after inquiry. Section 263 explained.
The prohibition from allowing input tax credit is a statutory mandate, and the view taken by the orders impugned, in the facts and circumstances of this case, is available and correct.
Supreme Court clarifies ITC eligibility for construction under GST in Safari Retreats case, addressing “plant” definition, functionality test, and Section 17(5) provisions.
Supreme Court held that that the preliminary inquiry is not mandatory under the Prevention of Corruption Act, 1988 when the secret information itself discloses the commission of offences. Accordingly, appeal is allowed.
That apart, the Courts have the discretion to decide whether the interest is payable from the date of institution of the suit, a period prior to that, or from the date of the decree, depending on the specific facts of each case.
