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- Whether input tax paid is eligible on employee insurance premium for availing mediclaim ?
Whether input tax paid is eligible on employee insurance premium for availing mediclaim ?
Issue Favourable to Tax Payer ?:- yes
Held - On consideration of the facts, we find that an identical issue had been referred to the Larger Bench, as submitted by Learned Counsel for the appellant, and it had been held therein that:
In view of the aforesaid discussion, it has to be held that credit can be availed on the amount of insurance premium paid by the appellant to the insurance company for availing mediclaim of employees who had opted for the VSS announced by the .....
Issue Favourable to Tax Payer ?:- yes
Held - Contextually, the Larger Bench held that the components of CAS-4 are also found on CAS-7 rendering both to be eligible for similar treatment. There is, thus, no scope for determination of facts afresh by the lower authority insofar as the present dispute is concerned. That aspect need not detain us in the present circumstances just as other cited decisions pertaining to tax paid on insurance premium to cover spouse and family members of.....
Issue Favourable to Tax Payer ?:- yes
Held - As far as Input Tax Credit in respect of premium of Group Medical Insurance Policy is concerned, it will be governed by provisions of clause (b)(i) of Section 17(5), and accordingly Input Tax Credit for the same shall be available if its inward supply is used for making supply of the same category of goods or services, or as an element of a taxable composite or mixed supply.
Issue Favourable to Tax Payer ?:- no
Held - We observe that the recovery of premium amount from employee and subsequent deposit it with insurance company cannot be treated as supply of service in the course of furtherance of business. Providing insurance facility to employees' parents is no where connected with the business of the applicant.
Accordingly, we are in unison with the applicant that facilitating insuran.....
- 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 ?
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