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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.RAGHUNANDAN RAO, T.C.D.SEKHAR
Shilpa Medicare Limited – Appellant
Versus
Union Of India, Represented By Its Secretary Ministry Of Finance (Department Of Revenue) – Respondent
| Table of Content |
|---|
| 1. details of the petitioner's business and transfer agreement. (Para 2 , 3) |
| 2. ruling by the authority for advance ruling and subsequent appeal. (Para 4 , 5 , 6) |
| 3. arguments of the petitioner regarding the tax status of the transfer. (Para 8) |
| 4. counterarguments from the deputy commissioner regarding tax implications. (Para 9) |
| 5. legal definitions of supply under the cgst act. (Para 10 , 11) |
| 6. past rulings impacting definition of business transfer. (Para 12 , 13 , 14 , 15) |
| 7. exemption of transfer of business as a service under gst. (Para 16 , 17) |
| 8. interpretation of provisions for input tax credit transfer. (Para 18 , 19 , 20) |
| 9. discretion of court on inter-state input tax credit. (Para 21 , 22 , 23) |
| 10. final ruling of the court. (Para 24) |
Order :
R.Raghunandan Rao, J.
Heard Sri V. Raghuraman, the learned Senior Counsel appearing on behalf of Sri Anil Kumar Bezawada, learned counsel for the petitioner and Sri P.S.P. Suresh Kumar, the learned Standing Counsel appearing for the respondents.
2. The petitioner herein is a limited company which undertakes Research and Development in Pharmaceuticals including active pharmaceutical ingredients, formulation of molecules and manuf
Transfer of an entire business as a going concern does not constitute taxable supply under GST; input tax credit can transfer under specified conditions.
Input Tax Credit can be transferred post-amalgamation between companies in different states, as no statutory restrictions exist on such transfers under the CGST Act, emphasizing legislative intent to....
The court established that computers/laptops used for providing services do not qualify as capital goods under the KVAT Act, thus entitling the petitioner to transitional credit under Section 140(3) ....
Sale of stock-in-trade taxable when consideration received and possession handed over, not on deed registration.
Transactions involving site analyser machines are deemed sales, not taxable as supply of tangible goods for use due to the transfer of possession and effective control to the clients, exempting them ....
Point of Law : Court see no difference between a sale of a software program on a CD/floppy disc from a sale of music on a cassette/CD or a sale of a film on a video cassette/CD.
Hiring of equipment with transfer of use is deemed a sale, exempting the transaction from service tax under the Finance Act.
The transactions of leasing infrastructure equipment constitute services, not deemed sales, as effective control remains with the provider rather than transferring rights to the user.
Maintenance of township is not integrally tied to business activities, thus ITC claims related to township electricity supply are invalid.
The court emphasized that the cancellation of GST registration and denial of ITC refund should be based on justified grounds and directed the authorities to reconsider the petitioner's application fo....
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