Composite GST notices across tax periods breach separate limitation requirements, permitting fresh period-compliant proceedings where lawfully availab...
Contractual allocation of DVAT liability and reimbursement under a works contract may be resolved through arbitration. The relevant tax inquiry is whether imported or inter-State procured goods have an integral contractual nexus with their supply: project-specific procurement to employer specifications, approved suppliers, prescribed inspection and employer consignee status may preserve that nexus despite intermediary procurement and incorporation into works. Such transactions attract exemption for sales in the course of import or inter-State trade, making DVAT and contractual reimbursement inapplicable. Review under Section 34 is confined: courts do not re-appreciate evidence or substitute a plausible arbitral view absent patent illegality going to the root of the matter.
Contractual allocation of DVAT liability and reimbursement under a works contract may be resolved through arbitration. The relevant tax inquiry is whether imported or inter-State procured goods have an integral contractual nexus with their supply: project-specific procurement to employer specifications, approved suppliers, prescribed inspection and employer consignee status may preserve that nexus despite intermediary procurement and incorporation into works. Such transactions attract exemption for sales in the course of import or inter-State trade, making DVAT and contractual reimbursement inapplicable. Review under Section 34 is confined: courts do not re-appreciate evidence or substitute a plausible arbitral view absent patent illegality going to the root of the matter.
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