Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Input tax credit under the WBGST Act need not be reversed by a recipient where payment is reduced due to financial/commercial credit notes issued for secondary/post-sale discounts, because such credit notes do not reduce the original transaction value or the supplier's tax liability and therefore do not reduce tax charged. A manufacturer's post-sale discount to a dealer is not "consideration" for the dealer's onward supply to an end customer where there is no manufacturer-end customer agreement and the discount merely reduces the dealer's sale price; consequently, no additional GST consequence arises on that ground. Where the manufacturer has an agreement with an end customer and funds the dealer's discounted sale, the discount forms part of consideration for the dealer's supply to the end customer, affecting valuation accordingly. Post-sale discounts are not consideration for promotional services unless specific services and consideration are contractually defined, in which case GST applies to that service supply.
Input tax credit under the WBGST Act need not be reversed by a recipient where payment is reduced due to financial/commercial credit notes issued for secondary/post-sale discounts, because such credit notes do not reduce the original transaction value or the supplier's tax liability and therefore do not reduce tax charged. A manufacturer's post-sale discount to a dealer is not "consideration" for the dealer's onward supply to an end customer where there is no manufacturer-end customer agreement and the discount merely reduces the dealer's sale price; consequently, no additional GST consequence arises on that ground. Where the manufacturer has an agreement with an end customer and funds the dealer's discounted sale, the discount forms part of consideration for the dealer's supply to the end customer, affecting valuation accordingly. Post-sale discounts are not consideration for promotional services unless specific services and consideration are contractually defined, in which case GST applies to that service supply.
Note: It is a system-generated summary and is for quick reference only.
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