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- Whether time limit to avail input tax credit is applicable to Bills of Entry ?
Whether time limit to avail input tax credit is applicable to Bills of Entry ?
Issue Favourable to Tax Payer ?:- not applicable
Held: The ‘Bill of Entry’ figures as one of the prescribed document for the purposes of availment of ITC, under rule 36 (1) (d) of the CGST Rules, 2017. As a result, availment of ITC based on a ‘Bill of entry’ becomes eligible to the applicant, irrespective of the fact whether it is re-assessed or original. However, it is to be noted that if the re-assessment happens to be.....
Issue Favourable to Tax Payer ?:- yes
Held: Section 20 of IGST Act, 2017 provides for the applicability of various provisions of CGST Act, 2017 “mutatis mutandis” to the IGST Act, 2017 and by virtue of said section, the provisions related to Input Tax Credit as spelt out in the CGST Act are made applicable to IGST Act, 2017.
Section 16 (2) (a) (1) provides tha.....
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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 ?
