Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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