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- Whether refund or carry forward of rejected Cenvat credit during a refund claim is allowed under GST regime ?
Whether refund or carry forward of rejected Cenvat credit during a refund claim is allowed under GST regime ?
Issue Favourable to Tax Payer ?:- no
Held - The facts are not in dispute that the appellant’s application for refund of CENVAT Credit under Rule 5 of CCR 2004 was partially rejected by the original authority and such rejection was upheld by the first appellate authority as well as this Bench. The proviso to Section 142(3) of CGST Act, 2017 deals with the cases of rejection of credit of CENVAT Credit. It specifically indicates that such amounts shall lapse. It is true, that with.....
- 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 ?