Appeal dismissed: petitioner denied ITC for electricity used in township maintenance as residential supply; Explanation 1(d) prospective under s.2(17)...
Registration under section 12AA granted where substantive charitable objects for ex-servicemen, incidental commercial activity permitted and profits a...
HC quashed the Public Notice issued by the first respondent dated 12.02.2021 and allowed the petition. The court held the Notice conflicted with applicable customs guidance by treating local tax recovery inconsistently, and mischaracterised levy responsibilities: IGST paid on import is distinct from GST payable under the CGST regime on a subsequent auction sale. Upon transfer of title at auction the purchaser ceases to be an importer, and collection of GST on the bid price falls within GST law, not the issuing authority's competence. As the Notice contravened the statutory scheme governing customs and GST and was issued without jurisdiction, it was declared wholly without authority and set aside.
HC quashed the Public Notice issued by the first respondent dated 12.02.2021 and allowed the petition. The court held the Notice conflicted with applicable customs guidance by treating local tax recovery inconsistently, and mischaracterised levy responsibilities: IGST paid on import is distinct from GST payable under the CGST regime on a subsequent auction sale. Upon transfer of title at auction the purchaser ceases to be an importer, and collection of GST on the bid price falls within GST law, not the issuing authority's competence. As the Notice contravened the statutory scheme governing customs and GST and was issued without jurisdiction, it was declared wholly without authority and set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4823 
Join Channel 
