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- 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 - Transfer of a going concern means transfer of a running business which is capable of being carried on by the purchaser as an independent bus.....
Issue Favourable to Tax Payer ?:- no
Held - Going concern is not included in the GAAP (Generally Accepted Accounting Principles) but included in the GAAS (Generally Accepted Auditing S.....
Issue Favourable to Tax Payer ?:- no
Held - The benefit of the said notification as stipulated under SI.No.2 of the Notification No.12/2017- Central Tax (Rate) dated 28.06.2017 will be.....
Issue Favourable to Tax Payer ?:- no
Held - We find that transfer of business assets is to be considered as supply of goods. The transfer of business assets implies that a part of the .....
Issue Favourable to Tax Payer ?:- yes
Held - We find that the applicant is carrying on the business of constructing residential/commercial complexes and selling thereof and the applican.....
Issue Favourable to Tax Payer ?:- yes
Held - We observe that a transfer of a as a going concern is the sale of a business including assets. In terms of financial transaction ‘going co.....
- 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 ?
