A Clinical Analysis of Recent SC Judgments in GST/IDT by Advocate Rohan Shah

Episode Duration:
70 minutes

Episode Background:
Two larger benches of the Supreme Court have issued two relevant judgments, leaving the Revenue and Taxpayers, specifically the importers and transnational group companies, ruminating over these distinct sermons. Where on one hand in Mohit Minerals case, the IGST imposed on the importers for ocean freight services in CIF imports was set aside, in the Northern Operating case, service tax on the Indian arm for employees seconded/deputed by its overseas group company was confirmed on reverse charge basis. Furthermore, significant precedents issued in recent times that deserve equal attention are, the difference of opinion rendered by the Division Bench of Top Court in Citi Bank case on the issue of service tax on credit card ‘interchange fee’, and the Gujarat High Court ruling in Munjaal Manishbhai Bhatt whereby the writ court has attempted to course correct another arbitrary GST levy by holding that the notified mandate of 1/3 deduction by way of deeming fiction towards land cost in construction contracts is against the scheme of GST law.

As far as the text is concerned, the distinguished rulings are unambiguous in their respective subjects leaving not many options to the taxpayers. However, the looming aftermath of the aforementioned rulings requires an etymological analysis so as to paint a practical picture of the way forward on the subjects of commencement of refund applications, adjudications in pending refund matters, and discharging unavoidable liabilities etc.

What shall the episode cover?
Against this backdrop, Taxsutra is delighted to bring to you a special episode with none other than Advocate Rohan Shah titled, “Clearing the Haze – A Clinical Analysis of Recent SC Judgments in GST/IDT''. In this episode, Advocate Rohan Shah has provided his razor-sharp analysis vis-a-vis the aforesaid four judgments, and also shared his viewpoint regarding the far-reaching consequences that shall arise going forward.