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- Eligibility / Reversal of ITC
- Whether input tax credit is required to be reversed for non-payment to the vendor ?
Whether input tax credit is required to be reversed for non-payment to the vendor ?
Issue Favourable to Tax Payer ?:- yes
Held - GST Council has been formed under Article 279A(4) of the Constitution of India. The Hon'ble Supreme Court, in the case of Mohit Minerals P Ltd [ 2022 (61) G.S.T.L. 257 (S.C.)], held that the recommendations of GST Council have persuasive value. The above minutes of the GST Council meeting held in 2016, reveal the intent behind the second proviso to Section 16(2) of CGST Act, 2017. .....
Issue Favourable to Tax Payer ?:- no
Held - I find that the aforesaid aspect has duly been considered by the proper officer in paragraph 9.3.3 of the order impugned. I also find that the proper officer has concluded that the petitioner has failed to subtantiate the factum of payment to sundry creditors within the statutory period of 180 days for the petitioner to avail the input tax credit, by disclosure of bank statements. Although Mr. Saraf, learned Advocate has contended.....
Issue Favourable to Tax Payer ?:- yes
Held - Sub-section (2) of section 16 of the GST Act has laid down conditions for entitlement of input tax credit. The second proviso to sub-section (2) of section 16 speaks that ‘where a recipient fails
Issue Favourable to Tax Payer ?:- yes
Held - Reference to the Circular No 92/11/2019-GST can be made wherein it is further clarified that secondary discounts shall not be excluded while determining the value of supply as such discounts are not known at the time of supply and the conditions laid down in clause (b) to sub-section (3) of section 15 of the said Act are not satisfied. In other words, value of supply shall not include any discount by wa.....
Issue Favourable to Tax Payer ?:- yes
Held - Where there is only arrangement of settlement of dues/payment of consideration for the goods and/or services received by one GSTIN by another GSTIN or payment of conside.....
Issue Favourable to Tax Payer ?:- yes
Held - The second proviso to subsection (2) of Section 16 specifies that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services with tax payable thereon. The provision clearly limits the recipient's entitlement to input tax credit only to transactions where he has paid the consideration for the supply received, along .....
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- 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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