Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The High Court addressed the issue of tax deduction at source for work contracts and supplies, and entitlement to Additional Tax Reimbursement u/s 64A of the Sale of Goods Act, 1930. To invoke Section 64A, two pre-conditions must be met: absence of a contrary contract and duty rate change post-contract. The court referenced MAFATLAL case on unjust enrichment. The case involved potential input tax credit benefits post-July 2017. Circular No. 3/2017-GST mandates GST payment at 6% u/s 12 and 13 of the Act of 2017 and CGST. Court upheld the 6% GST liability for invoices post-July 2017. The court couldn't determine Section 64A benefit due to insufficient evidence. Writ petition was disposed of.
The High Court addressed the issue of tax deduction at source for work contracts and supplies, and entitlement to Additional Tax Reimbursement u/s 64A of the Sale of Goods Act, 1930. To invoke Section 64A, two pre-conditions must be met: absence of a contrary contract and duty rate change post-contract. The court referenced MAFATLAL case on unjust enrichment. The case involved potential input tax credit benefits post-July 2017. Circular No. 3/2017-GST mandates GST payment at 6% u/s 12 and 13 of the Act of 2017 and CGST. Court upheld the 6% GST liability for invoices post-July 2017. The court couldn't determine Section 64A benefit due to insufficient evidence. Writ petition was disposed of.
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