2018 (9) TMI 1768

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.... RAKESH KUMAR SHARMA, AND MR. RANDHIR KUMAR, MEMBER Present for the Appellant: None Present for the Respondent: Mr. Sandeep Kothari, Chartered Accountant, Authorised Representative This Appeal has been filed by the Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (hereinafter referred to as the "Appellant"), on 06.07.2018 against the Advance Ruling No.....

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....e second proviso to Rule 28 of CGST Rules, 2017 (instead of 90 % of MRP as required under the First Proviso to Rule 28 of CGST Rules, 2017, and (b) what is meant by the expression "where the recipient is eligible for full input tax credit" as used in the second proviso to Rule 28 of CGST Rules, 2017. The Advance Ruling Authority ruled that- "The applicant has the option of not supplying g....

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.... Ruling dated 30.05.2018 has created an impression that the recipient would be eligible for Input tax Credit if the supplier paid the tax." Instead of those wordings the WBAAR should have declared in no uncertain terms that no input tax credit would be available for supply at Zero Value. 4. During the course of the hearing the Respondent submitted a copy of a tax invoice issued by the Head Offi....

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....goods or services supplied. It is therefore clear that if the value declared in such invoice is zero no input tax credit is available to the recipient. 6. It is seen that the question raised by M/s. GKB Lens Pvt. Ltd. was correctly answered by the Authority of Advance Ruling. However, it may be clarified that no input tax credit is available to the recipient of goods/service if the value declar....