Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Refund claims under GST could not be rejected without examining the governing agreement that defined the service arrangement. The High Court found that the appellate authority had not recorded findings on whether the supplies were export of services or intermediary services, even though that characterisation was central to the claim for zero-rated treatment under the IGST Act. As the agreement was foundational to determining the nature of the services, the impugned appellate orders were unsustainable. The orders were quashed and the refund proceedings remanded to the appellate authority for fresh consideration after hearing the parties, with all contentions kept open.
Refund claims under GST could not be rejected without examining the governing agreement that defined the service arrangement. The High Court found that the appellate authority had not recorded findings on whether the supplies were export of services or intermediary services, even though that characterisation was central to the claim for zero-rated treatment under the IGST Act. As the agreement was foundational to determining the nature of the services, the impugned appellate orders were unsustainable. The orders were quashed and the refund proceedings remanded to the appellate authority for fresh consideration after hearing the parties, with all contentions kept open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
