The article in this 151st edition of LKS Tax Amicus covers the issue of taxability of grants. It notes that given the voluntary and unilateral nature of a grant, there exists ambiguity whether the provision of a grant qualifies to be a taxable supply under the scheme of GST law, as to qualify as a supply it is essential that a good or service is provided for a consideration.

The concept of ‘restriction’ imposed on export of goods as indicated in the Indian Trade Classification (‘ITC (HS)’) has been the subject matter of judicial interpretation before various forums.

Classification of goods under the correct tariff item is the first, and arguably, most important step for a taxpayer. This is also the most litigative issue in any tax jurisdiction. The article hence analyses the implications of a recent Madras High Court decision in the case of Parle Agro Pvt. Ltd.

The article in this issue of Tax Amicus discusses the recent decision of the Supreme Court wherein the Apex Court has held that the amendments to the Telangana VAT Act, the Gujarat VAT Act and Maharashtra VAT Act, after 1 July 2017 were not correct.

The article in this issue of Tax Amicus discusses the problem of absence of mechanism for matching Input Tax Credit (‘ITC’). It analyses a recent Rajasthan High Court decision in the case of Hindustan Lever Ltd., where the practicality of this matching exercise has come into question.

The article in this issue of Tax Amicus revolves around the recommendation of the 50th Meeting of the GST Council and the clarification brought in by the CBIC Circular No. 199/2023-GST, dated 17 July 2023 with respect to distribution of credit through Input Service Distributor (‘ISD’).

The article in this issue of Tax Amicus seeks to analyse the GST implications on leasing of capital goods between ‘distinct persons’, in the light of a recent ruling of the Maharashtra Appellate Authority of Advance Ruling.

The article in this issue of Tax Amicus discusses a recent decision of the Larger Bench of the CESTAT which settles, in favour of assessee, the issue as to whether Business Auxiliary Services (BAS) provided by Indian agents to foreign entities qualify as export of services under the service tax regime.

The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing, settled an interesting question of law pertaining to the reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing.

The article in this issue of Tax Amicus highlights the intricacies of TDS withholding, under the income tax provisions, which appear to impact the taxable value under GST in case of import of services.