Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
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The HC held that unutilised input tax credit of GST Compensation Cess paid on coal, used in manufacture of goods exported on payment of IGST as zero-rated supplies, is refundable. It reiterated that when zero-rated supplies are made with payment of IGST, and no Compensation Cess is leviable on the finished goods, the assessee cannot utilise the input tax credit of such Cess. Consequently, the bar under the proviso to Section 11(2) of the relevant enactment is inapplicable. The HC quashed and set aside the impugned rejection orders and directed the revenue authorities to process the refund applications of the petitioner-assessee and sanction the claimed refund of unutilised Compensation Cess credit. Petition allowed.
The HC held that unutilised input tax credit of GST Compensation Cess paid on coal, used in manufacture of goods exported on payment of IGST as zero-rated supplies, is refundable. It reiterated that when zero-rated supplies are made with payment of IGST, and no Compensation Cess is leviable on the finished goods, the assessee cannot utilise the input tax credit of such Cess. Consequently, the bar under the proviso to Section 11(2) of the relevant enactment is inapplicable. The HC quashed and set aside the impugned rejection orders and directed the revenue authorities to process the refund applications of the petitioner-assessee and sanction the claimed refund of unutilised Compensation Cess credit. Petition allowed.
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