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- Whether input tax credit can be denied basis invoice errors like missing signature, address, registration number, etc. ?
Whether input tax credit can be denied basis invoice errors like missing signature, address, registration number, etc. ?
Issue Favourable to Tax Payer ?:- no
Held- Upon hearing the counsel the Court made the following.
1. Heard learned Additional Solicitor General for the petitioners.
2. The submission is that the High Court has completely ignored Section 25(4) of the Central GST Act which categorically states that each registration shall be treated as distinct person for the purposes of this Act......
Issue Favourable to Tax Payer ?:- yes
Held- As noted in the previous order, the fact of the matter is that the Petitioner’s name is correctly mentioned in the invoices, however, the wrong GST number, i.e., of the Bombay office has been mentioned. On this issue, there is no stand taken by the Department in the counter affidavit. On a direct query being put to the ld. Standing Counsel for the Respondent/Department, he fairly admits that no other en.....
Issue Favourable to Tax Payer ?:- yes
Held - We find that out of the total amount of INR 5,41,352/- that has been rejected on account of missing details on the invoices mainly relates to invoices raised by M/s Orange Cabs Pvt. Ltd to the extent of Rs. 5,07,995/-. To this effect, the Ld. Counsel submits that M/s Orange Cabs issued a certificate admitting its mistake and certifying that the invoices amounting to INR 1,02,65,217/- (including service tax amount of INR 5,07,995/- were .....
Issue Favourable to Tax Payer ?:- yes
Held - It is observed that certain invoices were computer generated, which did not have the signature. We find that various Benches of the CESTAT have taken a consistent view that in respect of computer generated invoices, signature was not required and consequently, have directed the authorities not to deny the input Service Tax credit.
We are of the view that the input Service Tax credit should not be denied merely because the invoices.....
Issue Favourable to Tax Payer ?:- yes
Held - The first ground for denying the credit is that the invoices are addressed to the Mettur Plant-II and not to the address of the appellant at Cuddalore. The appellant has submitted that the name of the unit was wrongly mentioned by the vendor. Taking note of this aspect, the denial of credit on this ground to the tune of Rs.958/- is allowed.
The second ground for denial of credit is that the Service Tax registration number of the s.....
Issue Favourable to Tax Payer ?:- yes
Held- On perusal of the aforesaid circular dated 2.1.2023 with regard to the input availment in FORM-3B clearly shows that the supplier has to file GSTR-1 as well as in the return of GSTR-3B for the tax period but he has to declare the supply but if he has declared the supply with the wrong GSTIN of the recipient in the Form of GSTR-1, in such cases, difference in GSTR claimed by the registered person in his return.....
- 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 ?