Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Denial of refund claimed u/s 142(3) of CGST Act for service tax paid under RCM was incorrect. Rule 9(1)(e) of CENVAT Credit Rules, 2004 applies, not Rule 9(1)(bb), allowing credit. Imposition of equal penalty u/s 78 of Finance Act, 1994 was improper as no suppression of facts or intention to evade tax was proved. Appellant was eligible for refund u/s 142(3) of CGST Act, 2017 for CENVAT credit paid after GST implementation, though unable to avail TRAN-1 credit due to time lapse. Impugned order rejecting refund claims is set aside, and appeal allowed.
Denial of refund claimed u/s 142(3) of CGST Act for service tax paid under RCM was incorrect. Rule 9(1)(e) of CENVAT Credit Rules, 2004 applies, not Rule 9(1)(bb), allowing credit. Imposition of equal penalty u/s 78 of Finance Act, 1994 was improper as no suppression of facts or intention to evade tax was proved. Appellant was eligible for refund u/s 142(3) of CGST Act, 2017 for CENVAT credit paid after GST implementation, though unable to avail TRAN-1 credit due to time lapse. Impugned order rejecting refund claims is set aside, and appeal allowed.
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