Page 21 - GSTL_23rd July 2020_Vol 38_Part 4

2020 ] INDEX - 23rd July, 2020 xix
Input Tax Credit (ITC) (Contd.)
liquidated damages from supplier’s dues - Deduction of Liquidation
Damages from the dues of suppliers on account of delayed delivery of
goods or services has no bearing, whatsoever, on the actual taxable
amount and GST leviable thereon mentioned in the tax invoices,
transaction related to liquidated damages being separate from
transaction of receipt of the goods or services - Two separate accounting
codes, maintained by Appellant, one for the receipt of goods and another
for deduction of L.D. from the suppliers’ due, therefore, Appellant is
paying the actual taxable amount and GST thereon to its suppliers, as
mentioned in the tax invoices raised by its suppliers - Consequently,
appellants not required to reverse the ITC on account of the deduction of
liquidated damages from the payment made to the suppliers — In Re :
Ordnance Factory, Bhandara (App. A.A.R. - GST - Mah.) .................. 530
— taken from bogus entities and created fake invoices in order to avail Input
Tax Credit, anticipatory bail granted to accused - See under BAIL ....... 447
Interest on delayed refund - Rate, enhancement of - Amount of ` 2,38,00,000
deposited by petitioner of its own volition, during audit/investigation,
though under protest - Refund of said amount sought vide letter dated
2nd May, 2018 - Petitioner entitled to interest @ 6% per annum from date
of deposit, i.e., 27th October, 2006 till end of May, 2018, i.e., 31st May,
2018 - However, in view of non-compliance of orders of Court leading to
contempt notice being issued to State and in absence of justification for
State in retaining said amount thereafter, State liable for interest with
effect from 1st June, 2018 onwards and till date @ 7.5% per annum -
Article 226 of Constitution of India — Team HR Services Pvt. Ltd. v. Union of
India (Del.) ....................................... 457
Interpretation of contracts, relevancy of conduct of parties - See under
CONTRACT .................................... 438
Interpretation of statute - Definition clauses in Central Goods and Services
Tax Act, 2017 - Clause “In this Act, unless the context otherwise requires”
in the definitions section under Section 2 of Central Goods and Services
Tax Act, 2017, which implies that meanings assigned to the various terms
under this section of Act dependent upon context of case at hand -
Meaning of any terms or expressions needs to be comprehended in the
context of the cases under consideration — In Re : CMS Info Systems Ltd. (App.
A.A.R. - GST - Mah.) .................................. 566
Land lying unused in the factory estate, ITC admissible for its maintenance -
See under INPUT TAX CREDIT .......................... 530
Liquefied Petroleum Gas (LPG) sold in Bottle to Commercial/Domestic
Customers, classification and rate of GST - See under GAS ........... 467
Liquidated damages deducted by Government Department from vender for
delayed delivery of goods or services is exempted from GST - See under
EXEMPTION .................................... 530
LPG cylinders used within Industrial Canteen of Government run factory,
ITC not admissible - See under INPUT TAX CREDIT .............. 530
LPG Gas purchased in bulk through Tanker for repacking and selling in
Bottles, ITC admissible - See under INPUT TAX CREDIT ............ 467

GST LAW TIMES  23rd July 2020  21