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Input tax credit case study

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Topics Covered: Inclusive growth and issues arising from it. For Prelims: ITC- meaning, objectives and key features. The amended Rule 36 4 of the CGST Rules, , provides that the input tax credit can be availed only when a supplier of goods updates and uploads online the details of supplies through each of the bills. The petition now contended that the right to avail of credit could not be taken away by imposing the restrictions contained in the provisions of Section 43A of the Act, which was yet to be notified, through rules. It is the tax that a business pays on a purchase and that it can use to reduce its tax liability when it makes a sale. In simple terms, input credit means at the time of paying tax on output, you can reduce the tax you have already paid on inputs and pay the balance amount.
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Input Tax Credit

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GST Legal Cases and Case Laws in India | GST India News

The HC Division Bench held that on a reading of Rule , it is of the view -In the absence of any challenge against the rules, the goods and vehicle can be released only in accordance with Rule — Therefore, interim order modified directing to release the goods and vehicle either on furnishing the bank guarantee or depositing the amount demanded — Writ Appeal disposed: High Court. Held: CENVAT credit is a mere concession and it cannot be claimed as a matter of right -credit on inputs under the existing law itself is not absolute but a restricted or conditional right- If the existing law itself imposes condition for its enjoyment or availment, then, it is not possible to agree with the counsel that such rights under the existing law could have been enjoyed and availed of irrespective of the period or time provided therin — The period or the outer limit is prescribed in the existing law and Rules of CENVAT credit anacted therunder-. In the circumstancs, Clause iv is not arbitrary, unreasonable and violative of Articles 14 and 19 1 g of the constitution of India — If right to avilment of CENVAT credit itself is conditional and not restricted or absolute, then, the right to pass on that credit cannot be claimed in absolute terms — there cannot be a estoppel against a statute- transitional arrangements that have been made have clear nexus with the object sough to be achieved and cannot be struck down as having no such relation or nexus — Petitions fail: High court. Held: Notice returnable on Also, gst cases in india, gst case laws in india, case laws under gst, supreme court judgement on gst.
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GST Topic wise Study Material

In normal situations, the GST tax is paid by the supplier of goods and services, which is ultimately borne by the end consumer. In Reverse Charge mechanism, the tax is paid by the receiver of goods, instead of the supplier, i. Arun is a supplier who supplies goods to Vikas. In the normal system, Arun will be liable to pay the tax to the government on the supply made.
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Interpretation Private healthcare facility means any premises, other than a Government healthcare facility, used or intended to be used for the provision of healthcare services or health- related services, such as a private hospital, hospice, ambulatory care centre, nursing home, maternity home, psychiatric hospital, psychiatric nursing home, community mental health centre, hemodialysis centre, medical clinic, dental clinic and such other healthcare or health-related premises as the Minister may from time to time, by notification in the Gazette, specify; CASE STUDIES 10 Morrisons Academy Boarding Houses Association In the course and furtherance of business A charity and limited company established and maintained boarding houses for the accommodation of pupils attending the Academy. A charge was made to the parents of pupils attending the school for the provision of accommodation without profit. Tax is not on profit or income but on taxable supplies by taxable persons Liability to tax not dependent on the motive of the activities are carried on No necessity for any commercial element in the activities to bring the supplies within the scope of the tax. Healthcare services provided by private healthcare facilities are exempt supplies. Pharmaceutical services not provided by government or private healthcare facilities are standard rated supplies.
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