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
GST - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Doctrine of promissory estoppel - Benefit under incentive Scheme ...


High Court Upholds Promissory Estoppel in Incentive Scheme Benefits Amid VAT to GST Transition.

March 18, 2024

Case Laws     GST     HC

Doctrine of promissory estoppel - Benefit under incentive Scheme - Scenarios of new Acts replacing the VAT Act, ensuring entitlement despite the GST regime. - The High court found that the petitioner fulfilled conditions of the scheme and was entitled to benefits. Past disbursements under the scheme, including GST components, supported this entitlement. The respondent's refusal to disburse the rest of the amount was unjustified. - Clause 19.2 of the scheme was interpreted to cover scenarios where the VAT Act is replaced by any other Act, ensuring continued entitlement despite changes in taxation regimes. The court rejected the respondent's argument that the GST Act replaced multiple statutes, holding that only the VAT Act was specifically mentioned in Clause 19.2.

View Source

 


 

You may also like:

  1. Doctrine of promissory estoppel - Impact of migration to GST from erstwhile area back exemption / incentive scheme in Central Excise - the Excise duty Exemptions availed...

  2. Continuation of area Based Exemption under GST regime as granted under central excise - doctrine of promissory estoppel - The plea of promissory estoppel cannot be...

  3. Doctrine of promissory estoppel - incentive scheme - pre and post GST era - Definitely, the objective of the Industrial Policy was to promote Industrial Growth and it is...

  4. Revenue or capital receipt - sales tax subsidy/incentive under the Package Scheme of Incentives Scheme, 1993 - The High Court held that the sales tax subsidy/incentive...

  5. Doctrine of promissory estoppel - Tax Incentive scheme during the sales tax regime to be continued under VAT regime or not - State Government directed to issue...

  6. Doctrine of Promissory Estoppel - EPCG Scheme - The Doctrine of Promissory Estoppel is not applicable in the facts and circumstances of this case because the appellant...

  7. Principle of promissory estoppel - Levy of penalty - Amendment in the exemption scheme - Tribunal was wholly justified in invoking the doctrine of principle of...

  8. Doctrine of promissory estoppel - Determination of compensation against denial of extension of New Package Scheme of Incentives for Tourism Projects - A reasonable...

  9. Transitional credit - Unutilized amount of Advanced VAT paid - The court found that if the amount of advance tax paid under the VAT regime remained unutilized, it should...

  10. Transitional Credit - carry forward/transition of CENVAT and VAT Input Tax Credit - Form GST TRAN-1 - Taxing statute and equity considerations are not natural allies. At...

  11. Exemption from VAT on milk powder and the vitaminised infant milk foods - Public interest - Doctrine of promissory estoppel - this is not a case where such principle...

  12. Three employment-linked incentive schemes to be implemented as part of Prime Minister's package. First scheme provides one-month wage to new workforce entrants across...

  13. Levy of GST - Composition scheme - the turn over after the GST regime came to force is less than ₹ 1 crore - The argument that the turn over in the financial year...

  14. Withdrawal of exemption and modification into refund scheme is against the principal of promissory estoppel– Full Excise exemption to J&K units restored

  15. Doctrine of promissory estoppel - Claiming benefit as per the old exim policy - new exim policy does not grant such benefit - when the new Exim Policy 1990-93 is held to...

 

Quick Updates:Latest Updates