Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
A post-01.07.2017 works contract was held to fall under the GST regime, so the contractor could not insist on the pre-GST tax rate. Clause 42.1 was construed to entitle reimbursement of Central and State taxes actually levied and paid on completed items of work, and CGST/SGST were held covered within that expression. The absence of an incorporated Schedule A could not defeat the contractual reimbursement right. GST returns and portal statements were accepted as proof of payment. The refusal to reimburse was found arbitrary and violative of Article 14, and interest at 12% per annum was awarded from the respective dates of payment. The writ petition was held maintainable because the dispute turned on contract interpretation, not disputed facts.
A post-01.07.2017 works contract was held to fall under the GST regime, so the contractor could not insist on the pre-GST tax rate. Clause 42.1 was construed to entitle reimbursement of Central and State taxes actually levied and paid on completed items of work, and CGST/SGST were held covered within that expression. The absence of an incorporated Schedule A could not defeat the contractual reimbursement right. GST returns and portal statements were accepted as proof of payment. The refusal to reimburse was found arbitrary and violative of Article 14, and interest at 12% per annum was awarded from the respective dates of payment. The writ petition was held maintainable because the dispute turned on contract interpretation, not disputed facts.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
