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- General Issues
- Demand and Recovery
- Validity of SCN / Order
- Whether amount demanded in final Order can exceed the amount proposed in the show cause notice ?
Whether amount demanded in final Order can exceed the amount proposed in the show cause notice ?
Issue Favourable to Tax Payer ?:- yes
Held - Provisions of Section 75(7), inter alia, read as under:
"(7) The amoun.....
Issue Favourable to Tax Payer ?:- yes
Held - A perusal of the that Section 75 deals with general provisions relating to determination of tax and sub-section.....
Issue Favourable to Tax Payer ?:- no
Held: As the show cause notice was specific pertaining to the discrepancies noticed and had provided opportunity .....
Issue Favourable to Tax Payer ?:- yes
Held: Section 75 deals with general provisions relating to determination of tax and sub-section (7) specific.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if the invoice/debit note is missing in Form GSTR-2A/2B or tax remain unpaid by the supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?
