Held – Sample drugs are supplied by Sponsor from out-side of India, imported by the applicant and delivered free of cost to hospitals and clinics for clinical trials. DCGI (Drug Controller General of India) has issued the licence to applicant for import of new drugs or investigational new drugs for the purpose of clinical trial or bioavailability or bioequivalence study or for examination, .....

Held - On a combined reading of Section 2 and Section 16 of SGST Act, 2017, it can be construed that the definition of input tax is very wide and a registered person is entitled to take input tax credit on inputs, input services and capital goods if the same are used by him in course or furtherance of his business or the registered person has an intention to use such inputs, input services or cap.....

Held - The points achieved by the stockiest or the dealer will determine the type of incentive they are going to receive. Thus, the goods received as incentive are in proportion to the net points gained by the dealer relatable to the quantity of cement sold by them.

In the light of the Section 7 of the GST Act and Clause (b) of sub-section (31) of Section 2, the transaction in the case of the applicant is one of supply of goods to his de.....

Held - Section 17(5)(h) clearly mentions that input tax shall not be availed in respect of “goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples”.

The above statutory provision of the Act has to be interpreted in the context of other statutory provisions i.e., 17(2) and 18(4) and the meaning has to be discerned by applying the principle discussed above i.e., ‘ex visceribus actus’. The scheme of.....

Held - The term ‘assets” would definitely include the “inventory” and since these goods are procured in the course of business, would be covered under the scope of “business assets”. Nowhere in the Schedule I it is stated that these business assets should be capitalized. Hence as per entry 1 of the Schedule I, ‘permanent transfer or disposal of business assets where input tax credit has been availed on such assets” would cover .....

Held -  It can be seen from the loyalty program that the applicant, on the basis of a particular transaction / purchase by the customer through their e-commerce platform and subject to acceptance of the terms and conditions of the applicant by the customer, allows the customer to earn loyalty points. The applicant in the said transaction recovers the full amount from the customer and gives the loyalty points free of cost. Further the said.....