Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Whether supply of electricity by the petitioner to an intermediary for onward supply outside India qualified as "export of goods" (zero-rated) for IGST refund was decided by construing Article 286(1)(b) and Sections 2(5) and 16 of the IGST Act. Since the petitioner had no privity of contract with the foreign buyer and title passed at the domestic delivery point from the petitioner to the intermediary, the petitioner's supply was only "for export" and not an export supply; consequently, it was a domestic supply and not eligible for zero-rated refund on that leg. The petitions were dismissed, with liberty to refile refund claims applying Rule 89 treating the intermediary supply as domestic. - HC
Whether supply of electricity by the petitioner to an intermediary for onward supply outside India qualified as "export of goods" (zero-rated) for IGST refund was decided by construing Article 286(1)(b) and Sections 2(5) and 16 of the IGST Act. Since the petitioner had no privity of contract with the foreign buyer and title passed at the domestic delivery point from the petitioner to the intermediary, the petitioner's supply was only "for export" and not an export supply; consequently, it was a domestic supply and not eligible for zero-rated refund on that leg. The petitions were dismissed, with liberty to refile refund claims applying Rule 89 treating the intermediary supply as domestic. - HC
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