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GST - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The High Court held that the co-insurance premium and ...


Insurance premium & reinsurance commission not 'supply' - Refund due on deposits made pending litigation.

December 9, 2024

Case Laws     GST     HC

The High Court held that the co-insurance premium and reinsurance commission would not be considered as supply and thus, the petitioners are entitled to a refund. The amounts deposited by the petitioner were not towards discharge of tax liability, but merely deposits pursuant to the court's order pending final adjudication. Since the utilization of these amounts for tax payment was deferred, they do not fall under the exclusions from refund under Schedule III of the CGST Act. Consequently, the impugned orders were set aside and the petitions allowed.

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