Reverse Charge Mechanism and ITC reversal require fresh adjudication to assess repeal impact and conditional relief.

Reverse Charge Mechanism and ITC reversal require fresh adjudication to assess repeal impact and conditional relief.Case-LawsGSTRemand required for fresh adjudication of tax demands arising from admitted reverse charge mechanism liability and disputed inp

Reverse Charge Mechanism and ITC reversal require fresh adjudication to assess repeal impact and conditional relief.
Case-Laws
GST
Remand required for fresh adjudication of tax demands arising from admitted reverse charge mechanism liability and disputed input tax credit (ITC) reversal; the commentary stresses that although Section 42 (ITC reversal) was later deleted by Finance Act, 2022, the effect of that repeal on past liabilities and entitlement to retrospective benefit must be considered on merits. Petitioner had sought time but failed to challenge an excess ITC demand, which was confirmed; bank attachment is ordered lifted conditionally upon deposit of the tax liability and no other arrears, with liberty to recover if stipulated compliance fails.
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