Posts Tagged ‘Refund’

Notification 56 of 2023 CT not invalid for extension of limitation as limit...

Posted On December 2nd, 2024

Note – The limitation stands extended to the extent of the periods exempted by the Hon’ble Supreme Court in Re: Cognizance for extension of limitation (Miscellaneous Application No. 408 of […]

ITC cannot be denied on tax paid on advance when there is proper document u...

Posted On November 22nd, 2024

Note – Although sub-section (1) of Section 16 is conditional upon the fulfillment of the requirements as contained in sub-section (2), in our opinion, the incorporation as contained in sub-section […]

Appeal can be allowed without pre-deposit where bank account frozen and amo...

Posted On November 21st, 2024

Note – It is well settled that the amount to be paid as pre-deposit is for filing or entertaining the Appeal and not for realization of the tax amount. In […]

Relief to be given under Section 16 considering amendment by Finance No.2 A...

Posted On November 21st, 2024

Note – Since the issue involved in the present petition is directly and squarely covered by the judgment of this Court in the case of M/s.Sadhana Enviro Engineering Services vs. […]

Non availability of NOC from landowner cannot be cited as reason to cancel ...

Posted On November 20th, 2024

Note – There is no provision under Rule 8 of the GST Rules to submit NOC or consent letter from the property owner along with proof of address at the […]

No IGST on ocean freight on account of service where freight already part o...

Posted On November 15th, 2024

Note – Once the IGST is paid on value of goods including the freight, cost and insurance, it would not make any difference between the transactions is on CIF basis […]

Section 130 cannot be applied to a case where stock is found in excess duri...

Posted On November 5th, 2024

Note – The law is clear on the subject that the proceedings undersection 130 of the GST Act cannot be put to service if excess stock is found at the […]

Rule 96 sub rule 10 is ultra vires Section 16

Posted On October 30th, 2024

Note – Rule 96(10) of the CGST Rules, as inserted by notification No.53/2018-CT dated 09-10-2018 w.e.f. 23-10-2017 is declared ultra vires the provisions of Section 16 of the IGST Act […]

Clarification on doubts regarding Section 128A

Posted On October 16th, 2024

New Delhi, dated the 15th October, 2024 To, The Pr. Chief Commissioners / Chief Commissioners / Principal Commissioners /Commissioners of Central Tax (All) The Principal Directors General / Directors General […]

Clarification Regarding Implementation of Section 16(5) and Section 16(6) o...

Posted On October 15th, 2024

New Delhi, dated the 15th October, 2024 To, The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/Commissioners of Central Tax (All) The Principal Directors General/ Directors General (All) Madam/Sir, Subject: Clarifying […]

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