The case examined whether GST rate cuts were passed on to consumers. The authority held that increasing base prices instead of reducing ticket prices violated Section 171, resulting in confirmed profiteering and refund directions.
The Tribunal held that preference share investments cannot be treated as loans without supporting evidence. Following earlier decisions and High Court rulings, the transfer pricing adjustment was deleted.
Tribunal ruled that share transactions cannot be treated as loans without proof of exceptional circumstances. Notional interest addition on such re-characterisation was deleted.
Solar inverters supplied for solar power projects were eligible for the concessional Goods and Services Tax (GST) rate of 5% as solar inverters constituted an integral component of a solar power-generating system and therefore qualified for the concessional tax rate.
The Tribunal examined whether construction and infrastructure activities were taxable under WCS or CRCS. It held that presence of transfer of property in goods justified classification under WCS. The key takeaway is that specific taxable entries override earlier classifications once introduced.
The Tribunal examined whether processing of tobacco leaves amounts to taxable service under BAS. It held that no new distinct product emerges from threshing and drying. The key takeaway is that activities not altering essential characteristics remain outside BAS.
The Tribunal examined whether delay in filing appeal was justified under section 249(3). It held that sufficient cause must be interpreted liberally to ensure justice. The key takeaway is that technical delays should not deny statutory appeal rights.
The Tribunal examined whether penalties can continue after the main dispute is settled. It held that co-noticees have no independent liability once the primary demand is resolved. The ruling clarifies the consequential nature of such penalties.
The Tribunal examined whether land value can be included in taxable service value. It held that such value must be excluded and directed recomputation. The key takeaway is that sale of land cannot be taxed as service.
The Tribunal examined whether interest recovery under Section 75 is subject to limitation. It held that limitation applicable to principal tax demand also applies to interest. The key takeaway is that interest cannot be recovered beyond prescribed time limits.
