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Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s Rule 142(1) of the CGST Rules, 2017 for unpaid tax on Reverse Charge Mechanism (RCM) on cotton purchase from agriculturist. The petitioner challenged jurisdiction but was allowed to make submissions on merits. The court found petitioner liable for GST on RCM basis as per Section 9(3) of the CGST Act. Revenue neutrality argument rejected due to non-100% export. Penalty u/s 122(2) upheld as petitioner failed to pay GST on RCM basis, deliberately violating Notification No. 43 of 2017. Court upheld the order for payment of Rs. 3,73,95,300/- with equal penalty. Petition dismissed.
The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s Rule 142(1) of the CGST Rules, 2017 for unpaid tax on Reverse Charge Mechanism (RCM) on cotton purchase from agriculturist. The petitioner challenged jurisdiction but was allowed to make submissions on merits. The court found petitioner liable for GST on RCM basis as per Section 9(3) of the CGST Act. Revenue neutrality argument rejected due to non-100% export. Penalty u/s 122(2) upheld as petitioner failed to pay GST on RCM basis, deliberately violating Notification No. 43 of 2017. Court upheld the order for payment of Rs. 3,73,95,300/- with equal penalty. Petition dismissed.
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