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Limitation period under Section 54 of the CGST Act is not applicable for claiming refund of amount deposited under ‘mistake of law’

The petitioner provided services of preparation of Detailed Project Report for the purpose of development of Metro Rail Project for the City of Surat, Gujarat. The said service was exempt from GST. However, the Petitioner paid GST on the same under 'mistake of law. The payment was made in August, 2017. The Petitioner file refund…

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Petitioner is entitled to refund claim when proper form APL – 04 has not been uploaded on the portal.

The petitioner is a works contractor. Refund claims were filed. Refund orders were passed against the petitioner. Appeals were filed before appellate authority. The appellate authority allowed the appeals (partly in some cases). However, form APL-04 was either not uploaded online or incorrect form was uploaded. Due to which, the original authority did not sanction…

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The discount/incentive offered by the manufacturer by way of various schemes is not consideration for providing business promotion/business auxiliary

The appellant is a dealer. It purchases heavy vehicles from Tata Motors and cars from Hyundai Motors. The said vehicles are sold to customers. A demand of service tax of over Rs.33 crores was raised on the appellant on the ground: (i) the discount/incentive offered by the manufacturer by way of various schemes is consideration…

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