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- Whether GST is leviable on transaction between Branch Office and Head Office?
Whether GST is leviable on transaction between Branch Office and Head Office?
Issue Favourable to Tax Payer ?:- yes
Held - The records shows that the compactor machine was transported from head office at Rajasthan to work place at Uttar Pradesh for completion of work. The delivery challan and e-way bill were not produced at the time of interception but along with the notice, the same were produced in which no other discrepancy was pointed out. The delivery challan itself shows that goods were transferred from.....
Issue Favourable to Tax Payer ?:- no
Held - In the subject case the site offices/group companies cannot be treated as persons who are employed by the applicant. The site offices are independent offices separately registered under the GST Laws. Similarly the group companies are also separately registered under the GST Laws and since both the site offices as well as the group companies cannot be treated as employees, the applicant cannot get the benefit of Entry No. 1 to Schedule I.....
Issue Favourable to Tax Payer ?:- no
Held-There is no dispute that each unit registered in different States is a distinct person as per 25(4) of the CGST Act. When two units of the same business entity in different States take separate GST registration, then each registered unit will be considered as a distinct entity/ person as per the GST law.
The employee-employer relationship is to be viewed separately for every registered unit of the business entity. Therefore, i.....
Issue Favourable to Tax Payer ?:- no
Held - The services provided to the employer, i.e. the corporate office by the persons employed by the corporate office are in the nature of the employee-employer relationship. Further, since the corporate office and the units are distinct persons under the Act, there is no such relationship between the employees of one distinct entity with another distinct entity, at least as per the Goods and Service Tax Acts, even if they are belonging to t.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by 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 ?