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...
Appellant's eligibility for CENVAT credit on service tax paid for outward transportation under reverse charge mechanism in cases where the sale of excisable goods is on FOR basis. It cites favorable judgments from the CESTAT and High Courts of Gujarat and Kerala, which held that when freight is an integral part of the assessable value on which excise duty was paid for FOR sales, the assessee is eligible for CENVAT credit on outward transportation. The judgments establish that permitting CENVAT credit in such cases aligns with the scheme's objective of avoiding tax cascading effects and preventing ultimate burden on consumers. Consequently, the impugned order is set aside, allowing the appeal with consequential relief.
Appellant's eligibility for CENVAT credit on service tax paid for outward transportation under reverse charge mechanism in cases where the sale of excisable goods is on FOR basis. It cites favorable judgments from the CESTAT and High Courts of Gujarat and Kerala, which held that when freight is an integral part of the assessable value on which excise duty was paid for FOR sales, the assessee is eligible for CENVAT credit on outward transportation. The judgments establish that permitting CENVAT credit in such cases aligns with the scheme's objective of avoiding tax cascading effects and preventing ultimate burden on consumers. Consequently, the impugned order is set aside, allowing the appeal with consequential relief.
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