Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
CESTAT held that Education Cess, Secondary Higher Education Cess, and Krishi Kalyan Cess credits carried forward under pre-GST regime are not refundable. The amendment to Section 140(1) of CGST Act, 2017 retrospectively excluded cesses from "eligible duties and taxes" definition, rendering such credits inadmissible for GST utilization. The transitional provisions specifically preclude transmission of these cess credits through Tran-1 form. Consequently, the appellant's claim for refund was rejected, and the Commissioner (Appeals) order was upheld without any legal or factual infirmities.
CESTAT held that Education Cess, Secondary Higher Education Cess, and Krishi Kalyan Cess credits carried forward under pre-GST regime are not refundable. The amendment to Section 140(1) of CGST Act, 2017 retrospectively excluded cesses from "eligible duties and taxes" definition, rendering such credits inadmissible for GST utilization. The transitional provisions specifically preclude transmission of these cess credits through Tran-1 form. Consequently, the appellant's claim for refund was rejected, and the Commissioner (Appeals) order was upheld without any legal or factual infirmities.
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