Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
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The HC dismissed a petition seeking to extend the benefit of the proviso to Rule 90(3) of CGST Rules to exclude days between filing refund claims and issuance of deficiency memos for limitation calculation. The court determined that the petitioner's refund claims for zero-rated supplies (exports) made during July-September 2017 were filed within the statutory limitation period under Section 54 of CGST Act. The court held that Circular No.125/44/2019 could not impose a fresh limitation period contrary to statutory provisions, and the 2021 amendment to Rule 90(3) could not be given retrospective effect. The amendment to Explanation 2(e) to Section 54 was deemed inapplicable as the petitioner's claims predated this amendment.
The HC dismissed a petition seeking to extend the benefit of the proviso to Rule 90(3) of CGST Rules to exclude days between filing refund claims and issuance of deficiency memos for limitation calculation. The court determined that the petitioner's refund claims for zero-rated supplies (exports) made during July-September 2017 were filed within the statutory limitation period under Section 54 of CGST Act. The court held that Circular No.125/44/2019 could not impose a fresh limitation period contrary to statutory provisions, and the 2021 amendment to Rule 90(3) could not be given retrospective effect. The amendment to Explanation 2(e) to Section 54 was deemed inapplicable as the petitioner's claims predated this amendment.
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