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...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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.
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