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- ITC on blocked credit
- Whether input tax credit is allowed on expenses incurred in relation to issue of share capital ?
Whether input tax credit is allowed on expenses incurred in relation to issue of share capital ?
Issue Favourable to Tax Payer ?:- yes
Held - All the facts of the case and the submissions of both the sides have been carefully considered. It is observed that as the definition of Rule 2(l) of CENVAT Credit Rules 2004 is very wide and clear that all the input services which are used “directly or indirectly, in or in relation to the manufacture of the final products” would be eligible for claiming CENVAT credit. The definition of “input service” also includes all the inpu.....
Issue Favourable to Tax Payer ?:- yes
Held - In this case, the services are clearly covered by inclusive part of the definition which covers financing as one of the headings under which services are eligible. As already observed by me, the services received were received for mobilization of finance by IPO and for conducting study of the business plan and study done in relation to anti-collusion devices proposed to be manufactured by the appellants. All these activities, in my opin.....
- 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 ?