2025 (6) TMI 96

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....present petition has been filed by the Petitioner - M/s Kei Industries Limited under Article 226 of the Constitution of India, inter alia, assailing the Order-in-Original bearing No. DE/GST/ADC(JR)/219/2024-25 dated 31st January, 2025 passed by the Adjudicating Authority i.e. Additional Commissioner, Central GST, Delhi East. 4. The short question that arises in the present petition is whether any payment of Integrated Goods and Services Tax (hereinafter, 'IGST') was required in respect of those expenses which were incurred by the Petitioner but were not cross-charged with the other entities. 5. Mr. V. Lakshmikumaran, ld. Counsel for the Petitioner relies upon the Circular No. 199/11/2023-GST dated 17th July, 2023 issued by the Central Boa....

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....pen market value of the goods or services. Accordingly, in respect of supply of services by HO to BOs, the value of the said supply of services declared in the invoice by HO shall be deemed to be open market value of such services, if the recipient BO is eligible for all inputs tax credit. Accordingly, in cases where full input tax credit is available to a BO, the value declared on the invoice by HO to the said BO in respect of a supply of services shall be deemed to be the open market value of such services, irrespective of the fact whether cost of any particular component of such services, like employee cost etc., has been included or not in the value of the services in the invoice. Further, in such cases where full input tax credit is....