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Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The ruling pertains to the applicability of GST on electricity charges recovered by IIT Roorkee from its commercial occupants. The key points are: IIT Roorkee sought an advance ruling on whether GST is applicable on the electricity charges it recovers from commercial occupants, representing only reimbursement of actual costs charged by the power corporation. The authority held that the issue raised is identical to the one already decided in the applicant's own case under audit proceedings. As per Section 98(2) of the CGST Act, the authority can reject an application if it concerns an issue already decided for the applicant. Since the applicant approached the authority again on an identical issue already decided, the application was rejected without examining the merits, as it is not maintainable u/s 98(2) of the CGST Act and UK GST Act.
The ruling pertains to the applicability of GST on electricity charges recovered by IIT Roorkee from its commercial occupants. The key points are: IIT Roorkee sought an advance ruling on whether GST is applicable on the electricity charges it recovers from commercial occupants, representing only reimbursement of actual costs charged by the power corporation. The authority held that the issue raised is identical to the one already decided in the applicant's own case under audit proceedings. As per Section 98(2) of the CGST Act, the authority can reject an application if it concerns an issue already decided for the applicant. Since the applicant approached the authority again on an identical issue already decided, the application was rejected without examining the merits, as it is not maintainable u/s 98(2) of the CGST Act and UK GST Act.
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