Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
The High Court held that the co-insurance premium and reinsurance commission would not be considered as supply and thus, the petitioners are entitled to a refund. The amounts deposited by the petitioner were not towards discharge of tax liability, but merely deposits pursuant to the court's order pending final adjudication. Since the utilization of these amounts for tax payment was deferred, they do not fall under the exclusions from refund under Schedule III of the CGST Act. Consequently, the impugned orders were set aside and the petitions allowed.
The High Court held that the co-insurance premium and reinsurance commission would not be considered as supply and thus, the petitioners are entitled to a refund. The amounts deposited by the petitioner were not towards discharge of tax liability, but merely deposits pursuant to the court's order pending final adjudication. Since the utilization of these amounts for tax payment was deferred, they do not fall under the exclusions from refund under Schedule III of the CGST Act. Consequently, the impugned orders were set aside and the petitions allowed.
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