- Bail granted can be Forfeited for Non-Compliance of Conditions: Delhi Court cancels Bail to GST Accused and Issues Warrant
The Delhi Metropolitan Magistrate, has on Tuesday issued a warrant, forfeiting the bail granted to a GST accused following his failure to comply with the conditions precedent to his bail approval. The contention of the department is that the accused was granted regular bail by the predecessor of the Court, on being found to be the point of contact for MIS NADFA Trading FZE, which received duplicated leather belts and wallets of very poor quality, from 14 firms in Delhi, all claiming excess duties of drawback and reward under RoDTEP Scheme/refund of accumulated input tax credit.
- Non-Release of Sanctioned Refund in ECL due to Technical Glitches in GST Portal: Andhra Pradesh HC directs to Pay Interest after Re-Consideration
While considering a petition challenging an endorsement by GST department rejecting the already sanctioned GST refund not released due to technical glitches on the GST portal, the Andhra Pradesh High Court has directed the department to re-consider the claim and pay interest if the assessee is eligible.
- Duty Free Import Authorization Licence available to import of Melamine: CESTAT
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi ruled that Duty Free Import Authorization (DFIA) Licence available to import of Melamine.
- Wrong Interpretation of relevant provisions and notifications: CESTAT sets aside Rejection of Refund Claim
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi Bench set aside rejection of claim of refund holding that there has been wrong interpretation of relevant provisions and notifications.
- CBIC develops System to Monitor GST Audits
The apex body of indirect taxes, the Central Board of Indirect Taxes and Customs (CBIC) has developed a system to monitor of GST audits initiated by tax officials across the country for effective oversight of the audit process.
- GST Registration cannot be Granted/Renewed in respect of a Premise Under Dispute: Jammu & Kashmir HC
The Jammu & Kashmir High Court has held that the GST registration cannot be granted or renewed considering the fact that the said premise is under dispute between the co-owners.
- CBIC lays down Procedure for Export of Cargo in Closed Containers ICDs to Bangladesh using Inland Waterways
The Central Board of Indirect Taxes and Customs (CBIC) has laid down the procedure for the export of cargo in closed containers ICDs to Bangladesh using inland waterways.
- Relief to IOC: CESTAT rules Cenvat Credit is available on Duty paid treating Activity as Manufacturing Activity
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Kolkata bench granted relief to M/s. Indian Oil Corporation Limited, Refinery Division (IOC), and held that Cenvat credit is available on duty paid treating the activity as manufacturing activity.
- CESS on Paper not a Duty of Excise, Refund rejection on Limitation u/s 11B does not sustain: CESTAT
The Single Member Bench of Kolkata Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that cess on paper is not a duty of excise and refund rejected on limitation under section 11B of the Central Excise Act, 1944 will not sustain.
- Discrepancy in E-Way Bill is a ‘Question of Fact’, Writ Jurisdiction cannot be Invoked: Calcutta HC
he Calcutta High Court held that the discrepancy in the e-way bill which is a question of fact and for that Writ Jurisdiction cannot be invoked.
- Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC
The Madras high court has, while considering a series of writ petitions with regard to the common question of release of goods under section 129 of the GST Act, held that a transporter can seek release of conveyance alone, and not goods under the GST Act. The court said that the entitlement to seek release under the section has been carefully and consciously sculpted to only the owner of the goods or to his agent, and not to a transporter.
- Shell Companies and Illegal Loan Apps under Tax Scanner: Income Tax Dept & GST Dept to cancel PANs and GSTINs
In a move to tackle tax evasion and other economic offences through the shell companies and illegal loan applications, the income tax department and the GST department have started to cancel the Permanent Account Number (PAN) and Goods and Services Tax Identification Number (GSTIN).
- CBIC clarifies Issues on Disposal of Gold
The Central Board of Indirect taxes and Customs (CBIC) issued a circular last week clarifying the issues relating to the disposal of gold.
- Tamil Nadu GST Dept Prescribes Re-Credit in Electronic Ledger using Form GST PMT-034
With reference to a circular issued on the recommendations of the GST Council, by CBIC, Department Of Revenue, and Ministry Of Finance, the Tamil Nadu GST Department prescribes re-credit in the electronic ledger of the taxpayer in cases of excess or erroneous credits sanctioned to them. This has been done via an insertion of the sub – rule (4B) in rule 86 of the Tamil Nadu Goods and Services Tax Rules, 2017 ( TNGST Rules), vide a notification by the Commercial Tax & Registration Department.
- GST: Power of Confiscation can be Invoked in Extra-Ordinary Circumstances, rules Karnataka HC
In a significant ruling relating to confiscation under the Central GST Act, the Karnataka High Court has held that the power of confiscation under the Act can be invoked in extra-ordinary circumstances.
- Right to Use of Trademark under Trademark License Agreement is ‘Deemed Sale’ subject to VAT, No Service Tax Leviable: CESTAT
The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not leviable on the right to use of trademark under the Trademark License Agreement as the same would clearly fall within the meaning of the phrase “transfer of right to use the goods” and would be covered by article 366 (29A) (d) of the Constitution.
- Flavoured Milk classifiable as a beverage, attracts 12% GST: AAAR
In a significant case of Vadilal Industries, the Gujarat Appellate Authority of Advance Ruling (AAAR) ruled that the flavoured milk, named ‘Power Sip’ is classifiable under beverages and not flavoured Milk and upheld the ruling of AAR.
- GST Appellate Tribunal: Supreme Court seeks Response from Centre
The Supreme Court, while considering a bunch of petitions seeking the establishment of the GST Appellate Tribunals on an urgent basis, has asked the response from the Centre.
- GST Registration Cancellation adversely affects Recovery of Taxes: Calcutta HC orders to revoke suspension of Registration
The Calcutta High Court has held that GST registration cancellation would adversely affect the recovery of taxes and orders to revoke suspension of registration.
- GST applicable to Entities providing Online Education
In a significant ruling, the Kerala State Authority for Advance Rulings (AAR) has held that GST is applicable to the entities providing online education.
- Parts and Accessories of Hearing Aids attracts 18% GST: AAR
The Authority for Advance Ruling (AAR), Karnataka ruled that Parts and accessories of hearing aids attract 18% GST.
- Services of Cleaning and Sweeping Lawns and Garden paths attracts NIL GST: AAR
The Authority for Advance Ruling (AAR), Karnataka ruled that Services of cleaning and sweeping lawns and garden paths attracts NIL GST.
- Re-Opening of GST Portal for filing of Transitional Credit is a One-Time Opportunity, No Further Revisal: CBIC Issues Guidelines
The Central Board of Indirect Taxes and Customs (CBIC), is all set to re-open the GST portal for the filing of TRAN-1 and TRAN-2, following the Supreme Court order, has issued a detailed guideline for the process and has informed that the facility is a one-time opportunity for the taxpayers and there will not be a further revisal of the same once the filing is completed.
- GST: Supreme Court to decide Eligibility of ITC for Construction of Immovable Property intending to Let Out
In a significant move, the Supreme Court has admitted the appeal filed by the GST department against the order of the Odisha High Court wherein the High Court held that input tax credit is available in respect of GST paid while constructing the immovable property intending to let out for rent.
- GST Evasion: CGST Bhiwandi Commissionerate arrests Rs. 132cr Fake Invoice racket mastermind in Mumbai
Officers of CGST Bhiwandi Commissionerate in Mumbai Zone have busted a fake invoice racket involving issuance of invoices amounting to Rs132cr and availing/passing on Input Tax credit of Rs23cr. Officers of CGST Bhiwandi Commissionerate arrested one person on 9.09.22 who has been sent to judicial custody till 23.09.22.
- GST Wrongly paid to Railway under Bonafide Belief: Bombay HC Orders Refund and directs Dept to Take a Sympathetic View
In an assessee-friendly ruling where the payment of GST was made to the railway instead of the GST department, the Bombay High Court has asked the department to take a sympathetical view while imposing penalty and interest finding that the payment was made under a bonafide belief.
- CBIC amends Notification Exempting Gold and Silver under Specified Schemes to Apply IGCR Rules
The Central Board of Indirect Taxes and Customs (CBIC) has amended the notification exempting gold and silver imported under specified schemes dated 8th May, 2000 in order to apply Import of Goods at Concessional Rate (IGCR) Rules.
