Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Value of goods supplied free of cost by a service recipient does not constitute consideration for the taxable supply; consequently such free materials cannot be included in the transaction value for GST valuation and are not exigible to tax. Relying on settled precedent and GST valuation guidance, the impugned levy adding the value of cement, admixtures and waterproofing material supplied free to the petitioner was held legally unsustainable and set aside. The writ petition was allowed and amounts deposited under interim order were ordered refunded, with no order as to costs.
Value of goods supplied free of cost by a service recipient does not constitute consideration for the taxable supply; consequently such free materials cannot be included in the transaction value for GST valuation and are not exigible to tax. Relying on settled precedent and GST valuation guidance, the impugned levy adding the value of cement, admixtures and waterproofing material supplied free to the petitioner was held legally unsustainable and set aside. The writ petition was allowed and amounts deposited under interim order were ordered refunded, with no order as to costs.
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