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GST - Highlights / Catch Notes

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The court held that the petitioner cannot be made liable to pay ...


Taxpayer's double taxation woes end as court rules against reverse charge GST liability.

Case Laws     GST

October 5, 2024

The court held that the petitioner cannot be made liable to pay GST under the reverse charge mechanism if it would lead to double taxation, provided the entire tax amount has been discharged. The court relied on its previous decision, wherein it was held that if the tax has reached the government's coffers, the assessee cannot be made to pay double tax merely due to non-adherence to the prescribed ratio for payment of tax between the assessee and the service provider. The court found its earlier judgment in M/s. Zyeta Interiors Pvt. Ltd. directly applicable to the present case and quashed the impugned order, allowing the petition.

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