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
Central Excise - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

HC allowed the petition, holding that a manufacturer/exporter ...


Manufacturer Wins Right to Claim Single Input and Output Tax Benefits Without Double Taxation Penalty

April 30, 2025

Case Laws     Central Excise     HC

HC allowed the petition, holding that a manufacturer/exporter can claim one input-side benefit and one output-side benefit without constituting double benefit. The court clarified that relief claimed once on the output side and once on the input side does not amount to double benefit. Specifically, the petitioner was entitled to claim drawback at the All Industry Rate on inputs and output rebate under Rule 18 of Central Excise Rules, 2002, based on the Supreme Court's interpretation in Spentex Industries Ltd. The impugned order's rejection of the rebate claim was deemed incorrect, establishing that simultaneous input and output benefits are legally permissible.

View Source

 


 

You may also like:

  1. Refund of the unutilized ITC accumulated on account of inverted tax structure - refund claimed on account of rate of tax on inputs being higher than the rate of tax on...

  2. The High Court held that Section 17(2) of the CGST Act is not ultra vires Article 14 of the Constitution to the extent it restricts refund under the inverted duty...

  3. Utilisation of Input Tax Credit - outward supply of Gold & Silver bullion - The applicant/appellant can use the Input Tax Credit Balance available in its Electronic...

  4. Transitioning unutilized input tax credit under the Kerala Goods and Services Tax Act, 2017 - error in claiming input tax credit of unadjusted TDS. The High Court held...

  5. Claim for additional input tax credit at the rate - No time limit has been prescribed under the provisions of the Act for making a claim for additional input tax credit....

  6. Input tax credit - eligibility of benefit of input tax credit claimed after six months from the date of invoice - the Apex court has held that credit is indefeasible....

  7. Claim of rebate/ refund - input stage rebate - export of goods - the correctness of the ratio of the input output ratio shall be verified before the commencement of the...

  8. The High Court held that u/s 54 of the Goods and Services Tax Act, 2017, when the input tax credit paid is higher than the output tax, the dealer is entitled to seek a...

  9. Input Tax Credit - credit was not effected in Form GSTR-2A - If on examination of the evidence submitted by the assessee, the assessing officer is satisfied that the...

  10. Input Tax Credit - The learned Single Judge was justified in dismissing the writ petitions as the appellant was claiming input tax credit based upon Form VAT 240 and by...

  11. Input tax Credit - KVAT - When consumables were used in job work in respect of which no output tax was payable by assesse or used in manufacturing activity and when said...

  12. Denial of input tax rebate - Karnataka VAT - If the assessee is not putting forth a claim for input tax deduction in the return filed in July 2006 nor as he put forth...

  13. Refund claim - inverted duty (GST) structure - If the Assistant Commissioner arrives at his satisfaction that the actual rate of tax on the input supplies made by the...

  14. Double taxation of income - Single TDS certificate for two years - AT

  15. Refund claim - input tax credit - the professional indemnity insurance service is an essential ingredient for providing the output service and has direct nexus with the...

 

Quick Updates:Latest Updates