Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
Refund of accumulated unutilised ITC was denied on the premise that refund under Section 54(3)(ii) of the CGST Act is unavailable where the input and output are the same and the rate comparison should be confined to the principal input vis-Ã -vis principal output. Relying on binding precedent, it was held that Section 54(3)(ii) does not bar refund merely because input and output are identical, and the proviso does not require comparing only the tax rate on the principal input with that on the principal output supply; nor can refund be restricted only to cases where the main input rate exceeds the principal output rate. Consequently, the impugned orders were set aside and the refund claim was allowed. - HC
Refund of accumulated unutilised ITC was denied on the premise that refund under Section 54(3)(ii) of the CGST Act is unavailable where the input and output are the same and the rate comparison should be confined to the principal input vis-Ã -vis principal output. Relying on binding precedent, it was held that Section 54(3)(ii) does not bar refund merely because input and output are identical, and the proviso does not require comparing only the tax rate on the principal input with that on the principal output supply; nor can refund be restricted only to cases where the main input rate exceeds the principal output rate. Consequently, the impugned orders were set aside and the refund claim was allowed. - HC
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