The court held that ITC cannot be denied to a genuine purchaser merely because the supplier failed to pay GST. Bona fide transactions without fraud or collusion must not attract reversal of credit.
SEZ clearances to the DTA attract customs duty on full value, including domestic addition. The takeaway is SEZs are disadvantaged versus EOUs and MOOWR units.
A surge in Section 143(2) notices was triggered by the June 2025 limitation deadline. This explains why cases were picked and how to respond effectively.
The law mandates strict adherence to the notice’s grounds and amounts. Any enhancement or new basis at adjudication violates natural justice and the CGST Act.
Expanded grounds for cancellation now include legal non-compliance and incorrect disclosures. Trusts must treat accuracy and governance as mission-critical.
Objects benefiting specific communities or allowing overseas application of funds invite rejection. The ruling focus is on deed language, not intent.
The law taxes business/professional benefits via 10% TDS, even for non-cash perks. The key takeaway is tax must be ensured before releasing the benefit.
The Court held that the AAR needs only a prima facie view to reject an advance ruling application. The key takeaway is that High Courts should not decide merits at the admission stage.
The court ruled that Section 74 proceedings cannot be invoked in the absence of fraud or wilful suppression, especially where tax and interest were voluntarily paid before investigation.
The Supreme Court upheld rejection of treaty benefits where transactions were prima facie designed to avoid tax. It confirmed that substance and real control override form and documentation.
