Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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Refund of CVD/SAD paid - Unable to avail and utilize the credit of CVD/SAD paid by them as payment was made on 30.09.2020 when no provision exist in GST regime to avail such credit - The Appellate Tribunal observed that since the duty payments were made prior to the implementation of the GST regime, during the period when the Cenvat Credit Rules, 2004, were in force, the appellant was entitled to avail Cenvat credit for the duties paid. Section 142(3) of the CGST Act, 2017, provided a remedy for situations where taxpayers couldn't avail or utilize Cenvat credit due to the transition to the GST regime. It allowed refunds for duties that were cenvatable under the previous law, i.e., Central Excise Act, 1944, and rules made thereunder. - The Appellate Tribunal upheld the refund claim of the appellant.
Refund of CVD/SAD paid - Unable to avail and utilize the credit of CVD/SAD paid by them as payment was made on 30.09.2020 when no provision exist in GST regime to avail such credit - The Appellate Tribunal observed that since the duty payments were made prior to the implementation of the GST regime, during the period when the Cenvat Credit Rules, 2004, were in force, the appellant was entitled to avail Cenvat credit for the duties paid. Section 142(3) of the CGST Act, 2017, provided a remedy for situations where taxpayers couldn't avail or utilize Cenvat credit due to the transition to the GST regime. It allowed refunds for duties that were cenvatable under the previous law, i.e., Central Excise Act, 1944, and rules made thereunder. - The Appellate Tribunal upheld the refund claim of the appellant.
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