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- Eligibility / Reversal of ITC
- Whether reversal of input tax credit is required if payment is not made to vendor against an invoice ?
Whether reversal of input tax credit is required if payment is not made to vendor against an invoice ?
Issue Favourable to Tax Payer ?:- yes
Held - It is clear that CESTAT in its finding (in para 4) noticed the clarification issued by the Board and held that the withholding of performanc.....
Issue Favourable to Tax Payer ?:- yes
Held - I also note that the above decision has been further followed by the Delhi Bench while passing Final Order no. 57461 dated 25.10.2017 pertai.....
Issue Favourable to Tax Payer ?:- yes
Held - A plain reading to proviso to Rule 4(7) shows that if a payment for the invoice is not made within three months, the assessee has to refund .....
Issue Favourable to Tax Payer ?:- yes
Held - The rationale behind Rule 4 (7) of the Cenvat Credit Rules is that during the period prior to 1/3/11, which is the period of dispute in this.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if the invoice/debit note is missing in Form GSTR-2A/2B or tax remain unpaid by the 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 ?
