Posts Tagged ‘Refund’

Duty debit against a scrip does not imply NIL duty and Social Welfare Surch...

Posted On January 13th, 2020

Note –   The exemption granted in respect of a particular excise duty cannot be a bar for determination of yet another duty levied and collected under different enactment, even […]

Debit in GST return on filing refund claim good enough where refund amounts...

Posted On January 10th, 2020

The appellant have reversed the CENVAT credit in their CENVAT credit account but the same was not shown in the ST-3 Returns because by the time refund was filed, GST […]

Supplying duty credit scrip along with consultancy services is a mixed supp...

Posted On January 5th, 2020

Note – The applicant provides along with Contract of duty credit scrips facilitation & its accountability, documents preparation related to duty payments like Bill of Entry, etc., Document Management system(DMS […]

Prepaid Payment Instruments used for buying goods akin to vouchers and liab...

Posted On January 5th, 2020

Note – ‘Applicant’, as part of sales promotion, introduced the facility of different types of Gift Vouchers/ Gift Cards as Prepaid Payment Instruments (PPI) to customers through its retails outlets, […]

Discounts as per international practice allowed on imports and price list i...

Posted On January 3rd, 2020

Note –   Assessments, once made provisional, shall be provisional for all purposes; there was nothing to stop the Revenue from going through the contracts and seeking further clarification from […]

Credit can be claimed on rails used for bringing materials to factory and e...

Posted On January 2nd, 2020

Note –   The fact that manufacturing activity has not yet been started, is not sustainable to deny the Credit to the appellant. There is no rule or statutory provision […]

Refund claim filed on education cess which could not be carried forward to ...

Posted On January 2nd, 2020

Note – The application for refund was with respect to the Cenvat credit which has accumulated and remained unutilized on account of EC, SHEC & KKC. Admittedly, these Cesses could […]

Circular cannot be cited by Revenue Authorities to deny refund of IGST paid...

Posted On January 1st, 2020

Note – Circulars cannot prevail over the statute. Circulars are issued only to clarify the statutory provision and it cannot alter or prevail over the statutory provision. In that circumstance, […]

Interest can be granted on refunds from date of payment of amount to date o...

Posted On December 29th, 2019

Note – Appellants are entitled to claim interest from the date of payment of initial amount till the date its refund. Latest decision of the Hon‟ble Apex Court is having […]

No question of unjust enrichment where goods are not sold at the time of de...

Posted On December 29th, 2019

Note – While entertaining the claim of refund, the goods were lying in the premises of the appellant and were not sold. The passing of duty/tax on the buyer comes […]

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