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    Royalty and management support service adjustments fail where costs were recovered and aggregated TNMM benchmarking applied.
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GST on works contract - estimation of value - contract period...

Court Dismisses Petitioner's GST Reimbursement Claim; Emphasizes Jurisdiction Limits in Monetary Disputes Under CGST/OGST Act.

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GST August 9, 2022 Case Laws HC
GST on works contract - estimation of value - contract period was extended beyond 01.07.2017 - the task of determining the differential GST, i.e. segregating labour, material, etc. is of the Authority vested with power under the CGST/OGST Act and not within the domain of any other. Such segregation can be made keeping in view inter alia Revised Guidelines dated 10th December 2018 issued by the Finance Department, Government of Odisha - The question whether, in fact, any amount is owed to the Petitioner by Opposite Parties on account of GST deducted from its bills or vice versa, has become a highly disputed question of fact. The claim of the Petitioner ultimately, in simple terms, is one for money which it seeks as reimbursement from Opposite Parties. It is not possible for this Court in its writ jurisdiction under Article 226 of the Constitution to calculate on a case to case basis - writ petition dismissed - HC

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Acts Income Tax