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- Supply transactions
- Whether transfer of independent part of business as going concern is exempt from GST ?
Whether transfer of independent part of business as going concern is exempt from GST ?
Issue Favourable to Tax Payer ?:- yes
Held - Since, there is no concept of definition of slump sale provided in the GST Act, we refrain from answering the q.....
Issue Favourable to Tax Payer ?:- no
Held: we find that the Airport or its activities are not transferred to the concessionaire. Though for a limited perio.....
Issue Favourable to Tax Payer ?:- yes
Held - It could be inferred from Section 7 (1) (a) of the CGST Act 2017, that for any activity to qualify as supply under the said Act it should sa.....
Issue Favourable to Tax Payer ?:- yes
Held - To qualify as a ‘going concern’, the business must not have ‘intention or necessity of liquidation or of curtailing materially the sca.....
Issue Favourable to Tax Payer ?:- yes
Held - We further note that Schedule II (4) CGST Act stipulates whether the transactions with respect to 'Transfer of Business Assets' to be treate.....
Issue Favourable to Tax Payer ?:- yes
Held - To qualify as a ‘going concern’, the business must not have ‘intention or necessity of liquidation or of curtailing materially the sca.....
- 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 ?
