Section 16(4) prescribes one of the conditions to make a registered person entitled to take ITC. Therefore, right of a registered person to take ITC under Section 16(1) becomes a vested right only if such condition is fulfilled.
M/s AVEVA Software Private LImited (“The Applicant”) is a subsidiary of AVEVA Plc. AVEVA Group has a Central Hub, located outside India, which is an IP Owner and manages and grants the license of the AVEVA software products to the group entities. Such entities further sub-licence the same software to the end user on his own account (i.e., in his own capacity without acting as a agent). The Applicant receives the sub-licensing fees from the end user. In turn, the applicant pays operating fees to the Central Hub on quarterly basis after retaining the he cost and guaranteed margin from the value of sales. In case, the Applicant is unable to retain the agreed cost and guaranteed margin, the Central Hub makes a payment to ensure that the Applicant retains the guaranteed margin.
M/s Bharat Exim (“The Petitioner”) filed refund applications in Form GST RFD-01 seeking refund of unutilized Input Tax Credit, consisting of IGST and Cess, on account of export of goods.
Hon’ble CESTAT stated that exemption notification is issued by Central Government in the exercise of power given under section 93 of the Finance Act, 1994. Exemption notification is approved after obtaining approval from both houses of parliament. However, no power is extended to CBIC to modify the scope of the exemption notification. Therefore, conditions attached by CBEC to exemption issued by the Central Government are illegal, unauthorized, and of no effect.
High Courts have continued to face petitions from taxpayers requesting to direct GST Authorities to reopen TRAN-1 and TRAN-2 filing portals so that taxpayers who have missed filing it or filed it incorrectly can have another chance to file it. In many verdicts, High Courts have directed GST authorities to reopen the portal.
Under the CIF contract, Ocean freight is payable by foreign exporters to the foreign shipping company. As per N/No. 8/2017, GST is payable on the value of transportation of goods by a vessel from a place outside India to a customs station of India at @5%.
Gulf Turbo Solutions LLP (hereinafter referred to as the ‘Applicant’) is in the business of service and repairs of various types of turbochargers. It also supplies spare parts required for turbochargers and ship spares.
The petitioner received a notice from CT & GST officer in form GST REG-17-” Show Cause Notice for Cancellation of Registration” on the ground that registration was obtained by means of fraud, willful misstatement and suppression of facts.
Hon’ble High Court of Madras affirmed the order of Ld. Single Judge in directing the Revenue Authority to enable the BEL herein to file a revised Form TRAN-1, by the opening of the portal and that such exercise is to be completed within a period of 8 weeks from the date of an issue this order.
As per the given case the applicant is selling the goods before clearing the same for home consumption. Therefore, place of supply shall be the place from where the applicant makes taxable supply of goods, i.e., Maharashtra. Therefore, the applicant can supply goods under GSTIN of Maharashtra and separate registration is not required in importing state.
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