The CCI held that restricting warranty services in India to products bought from authorised distributors was unfair and discriminatory. The policy was found to limit consumer choice and deny market access to parallel importers, leading to a ₹27.38 crore penalty.
The High Court held that orders can be served through the notified GST common portal under Section 169. The challenge to portal-based communication was rejected.
The High Court held that Rule 86A merely creates a lien to secure revenue interests and does not amount to recovery of tax. Blocking of ITC was upheld where authorities recorded reasons to believe fraudulent or ineligible availment.
The High Court held that international roaming services are supplied to foreign telecom operators who pay consideration, not to individual subscribers. Since the recipient is located outside India, the services qualify as export, making the refund admissible.
DG Anti Profiteering Vs Mantri Castles Private Limited (GSTAT) The proceedings arose from a reference received from the Standing Committee on 30.05.2022 to investigate an application alleging profiteering in respect of construction services supplied for the project “Mantri Serenity” at Bangalore. The allegation concerned non-passing of benefit under Section 171 of the CGST Act. The […]
The Tribunal held that reassessment initiated after three years required approval from the higher authority specified under the amended section 151. Since sanction was obtained from an incorrect authority, the entire proceeding was invalidated.
Applying Supreme Court precedent, the Tribunal held that no notice could be issued once the six-year period under the old regime had expired. The reassessment order was therefore annulled.
The High Court ruled that the amended refund formula under Rule 89(5) is clarificatory and applies retrospectively. Earlier rejection and appellate orders were quashed and the matter remanded for fresh consideration.
The Tribunal held that mere booking of flats and receipt of token advances do not justify revenue recognition under the Percentage Completion Method without legally enforceable agreements.
The Court held that Section 119(2)(b) empowers condonation to avoid genuine hardship and rejected a hyper-technical denial of tax benefit. Delay in filing Form 10-IC was condoned and Section 115BAA benefit restored.
