Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
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 petitioner's claim for refund of unutilized credit on account of payment of Service Tax, Education Cess (EC), Secondary and Higher Education Cess (SHEC), and Krishi Kalyan Cess (KKC) under the GST regime was rejected. The court held that EC, SHEC, and KKC can only be utilized for payment of such cess and not for any other purposes under the CENVAT Credit Rules. There is no cross-utilization of EC, SHEC, and KKC against tax payable on account of Service Tax. The judgment of the Madras High Court in Sutherland Global Services case clarified that there cannot be any transitioning of cess paid as EC, SHEC, and KKC u/s 140 of the CGST Act. The petitioner's claim for refund u/s 54 of the CGST Act was also rejected, as refund can only be claimed for zero-rated supplies or inverted duty structure, which does not apply in this case. The court dismissed the petition, rejecting the petitioner's contentions and the contrary views taken by various Tribunals as not in accordance with statutory provisions.
The petitioner's claim for refund of unutilized credit on account of payment of Service Tax, Education Cess (EC), Secondary and Higher Education Cess (SHEC), and Krishi Kalyan Cess (KKC) under the GST regime was rejected. The court held that EC, SHEC, and KKC can only be utilized for payment of such cess and not for any other purposes under the CENVAT Credit Rules. There is no cross-utilization of EC, SHEC, and KKC against tax payable on account of Service Tax. The judgment of the Madras High Court in Sutherland Global Services case clarified that there cannot be any transitioning of cess paid as EC, SHEC, and KKC u/s 140 of the CGST Act. The petitioner's claim for refund u/s 54 of the CGST Act was also rejected, as refund can only be claimed for zero-rated supplies or inverted duty structure, which does not apply in this case. The court dismissed the petition, rejecting the petitioner's contentions and the contrary views taken by various Tribunals as not in accordance with statutory provisions.
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