HC quashed the order and restored the adjudication of show cause ...
Contradictory findings on goods ownership quashed; fresh order to determine if KIIFB funds are govt grant and if 'supply' sans consideration.
December 20, 2024
Case Laws GST HC
HC quashed the order and restored the adjudication of show cause notice to the respondent authority. Petitioner is entitled to relief. Adjudicating authority's findings on ownership of goods were contradictory. It failed to properly consider the effect of notification treating amounts obtained through KIIFB as grant from government. Respondent directed to pass fresh order after hearing petitioner, considering whether absence of consideration precludes 'supply' u/s 7 of CGST Act, and whether KIIFB amounts should be treated as government grant under the notification.
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