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    <title>2026 (4) TMI 663 - MADRAS HIGH COURT</title>
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    <description>Concessional GST under Notification No. 11/2017-Central Tax (Rate), as amended, was available only where input tax credit on goods or services used for the notified service was not availed. The Madras HC noted that the dispute turned on whether the assessee had wrongly availed and utilised such credit while charging the concessional rate for freight and time charter services. It treated the notification as an exemption-cum-concessional scheme and indicated that the proper course was to determine the exact extent of wrongful credit availed and utilised before sustaining fiscal consequences. The impugned order was therefore set aside for fresh determination of credit, interest and penalty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=789594</link>
      <description>Concessional GST under Notification No. 11/2017-Central Tax (Rate), as amended, was available only where input tax credit on goods or services used for the notified service was not availed. The Madras HC noted that the dispute turned on whether the assessee had wrongly availed and utilised such credit while charging the concessional rate for freight and time charter services. It treated the notification as an exemption-cum-concessional scheme and indicated that the proper course was to determine the exact extent of wrongful credit availed and utilised before sustaining fiscal consequences. The impugned order was therefore set aside for fresh determination of credit, interest and penalty.</description>
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