Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (8) TMI 1210

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Act, 1994 - HELD THAT:- This Court is of the view that since the respondents have taken conscious decision not to file SLP against the judgment 2022 (11) TMI 743 - PUNJAB AND HARYANA HIGH COURT] , the ratio of Genpact India (P.) Ltd s case is directly applicable in this case, where it was held that A bare perusal of the recitals and relevant clauses of the MSA do not in any manner indicate th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ting aside Demand cum Show cause Notice No. 47/GST/GGM/2020-21 dated 30.03.2021 ( impugned notice ) (Annexure P-29) issued by Principal Commissioner of GST CX, Gurugram-respondent No. 1 under Sections 73 of the Finance Act, 1994 ( Act, 1994 ) read with Section 174 of Central Goods Services Tax Act, 2017 ( CGST Act ) requiring the petitioner to explain why the extended period of limitation in t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d been rejected. The main ground of the petitioner in that writ petition was that refunds had been granted to the petitioner consistently for all financial years starting from 2005-06 under the service tax regime and, therefore, on the principle of consistency, refunds under the GST regime should also be granted. 4. Learned counsel for the petitioner had argued that impugned notice has been iss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for an amount of Rs. 21,98,06,002/- for the period April 2019 to June 2019 has been sanctioned by the Deputy Director Division East-II, Central Tax GST Gurugram. It is further stated therein that as per the letter dated 08.05.2023 issued by CBIC, the respondents have decided not to file SLP against the judgment dated 11.11.2022 passed in CWP-6048-2021. 7. Hence, this Court is of the view that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates