Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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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.
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