Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
The case involved a dispute regarding the refund of service tax paid under reverse charge mechanism under the erstwhile law. The issue was the applicability of Section 11B of the Central Excise Act, 1944 and Section 142(3) of the CGST Act, 2017. The tribunal held that Section 142(3) of the CGST Act, 2017 allows refund claims under the previous laws to be processed as per existing laws. The appellant's right to refund under the erstwhile legislation was upheld, citing a precedent that transitional credit is a vested right. The rejection of the refund claim was deemed legally invalid, and the impugned order was set aside with the appeal allowed.
The case involved a dispute regarding the refund of service tax paid under reverse charge mechanism under the erstwhile law. The issue was the applicability of Section 11B of the Central Excise Act, 1944 and Section 142(3) of the CGST Act, 2017. The tribunal held that Section 142(3) of the CGST Act, 2017 allows refund claims under the previous laws to be processed as per existing laws. The appellant's right to refund under the erstwhile legislation was upheld, citing a precedent that transitional credit is a vested right. The rejection of the refund claim was deemed legally invalid, and the impugned order was set aside with the appeal allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
