Indirect Tax Digest | 01 March 2024

Read more about Indirect Tax Legislative and Judicial updates and Customs and Foreign Trade Policy in ‘The Indirect Tax Fortnightly Digest’ by BDO in India.
HIGHLIGHTS

  • Telangana High Court  - Transfer of development rights by way of a Joint Development Agreement would not be considered as the sale of immovable property but would be considered as a supply of services leviable to GST.

  • Bombay High Court  - The officers of the Audit Commissionerate, being ‘officers of Central Tax’ are ‘proper officers’ and hence, the show cause notices issued by such officers are valid.

  • Madras High Court - Input tax credit (ITC) (appearing in Form GSTR-2A) can be claimed in Form GSTR-9 even if the same was not availed in Form GSTR-3B.

  • Madras High Court - ITC cannot be denied solely on the ground that the supplier’s GST registration was cancelled with retrospective effect if the registration was cancelled after the procurements were made, without considering the supporting documents.

  • Madras High Court - If the payment for the export of services is routed through an intermediary as per the provisions of the Foreign Exchange Management Act, the same would be treated as an export of services and hence, eligible for claiming refund of tax paid on such supply.

We hope you find it useful and an interesting read.

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