Team Bizsol

Department should seek document/ clarification if required from assessee before passing order: Observed that, the Petitioner has furnished detailed replies along with supporting documents, therefore, that, the Impugned Order passed by the adjudicating authority is not sustainable. The adjudicating authority had at least consider the reply on merits and then form an opinion, merely holding …

Judicial Corner : GST : Department should seek document/ clarification if required from assessee before passing order (21.06.2024) Read More »

Penalty under GST can’t be imposed just for technical breach of not extending time period of E-way bill  Goods were accompanied by a tax invoice and an e-way bill that had expired due to a vehicle breakdown Authorities imposed tax and penalty under Section 129(3) of the UP GST Act due to the expired e-way …

Judicial Corner: Penalty under GST can’t be imposed just for technical breach of not extending time period of E-way bill (20.06.2024) Read More »

GST: High Court Quashes appellate order creating tax demand inspite of ‘non-satisfaction’ of s. 74 ingredients:  Madras High Court sets aside an appellate order where the tax proposal under section 74 was confirmed without satisfying its requirements. The original tax order against the assessee was dismissed in appeal due to submission beyond the allowable period. …

Judicial Corner: High Court Quashes appellate order creating tax demand inspite of ‘non-satisfaction’ of s. 74 ingredients (19.06.2024) Read More »

No writ can be filed against order passed by GST authorities if principles of natural justice were adhered to:  An assessment order reversed the input tax credit against the assessee/petitioner. The court dismissed the writ petition, stating that natural justice principles were followed by providing the petitioner opportunities to contest the tax demand and participate …

Judicial Corner : No writ can be filed against order passed by GST authorities if principles of natural justice were adhered to (18.06.2024) Read More »

GST: Assessee should approach the Commissioner under Section 80 of the CGST Act to seek relief for payment of interest in instalments: Hight Court directed the assessee to approach the Commissioner under Section 80 of the CGST Act for seeking relief for payment of interest in monthly instalments pertaining to disputed tax already paid on …

Judicial Corner : Assessee should approach the Commissioner under Section 80 of the CGST Act to seek relief for payment of interest in instalments (17.06.2024) Read More »

GST Interest and penalty not leviable when there is no fault of Assessee in depositing GST  The Petitioner has initiated the payment of tax within the prescribed time period in the manner prescribed for which the amount is debited from the bank account. However, the Revenue Department (“the Respondent”) states that the amount has been …

Judicial Corner: Interest and penalty not leviable when there is no fault of Assessee in depositing GST (15.06.2024) Read More »

GST Assessee cannot be adjudicated by the CGST, assigned to SGST authority or vice-versa  The issue regarding cross-empowerment and the jurisdiction of the counterparts to initiate proceedings. When an assessee has been allocated either to Central Tax Authorities or to the state tax authorities was examined. In detail by this Court in Tvl. Vardhan Infrastructure’s …

Judicial Corner: Assessee cannot be adjudicated by the CGST, assigned to SGST authority or vice-versa (14.06.2024) Read More »

DGFT: As Export Promotion Council of Medical Devices yet to start functioning, it is clarified that RCMC issued by EEPC India and any other concerned EPC shall be accepted till further Order. [Trade Notice 05/2024-25 dated 12 June 2024]

DGFT: Corrigendum issued to Notification NO. 16/2024-25 dated 06.06.2024 on enabling provision for import of inputs that are subjected to mandatory quality control Orders by Advance Authorisation Holder, EOU & SEZ, for correcting para reference number of FTP. [Corrigendum dated 12 June 2024]

DGFT: The Import Policy for ITC (HS) Codes (related to gold) 71131912, 71131913, 71131914, 71131915 and 71131960 have been amended from Free to Restricted with immediate effect. However, import under said ITC (HS) Code except 71131960 (parts) is permitted without authorization under valid INDIA-UAE CEPA TRQ. [Notification No.17/2024-25 dated 11 June 2024]

GST:   Revenue Department cannot block Electronic Credit Ledger by making negative balance   Plain perusal of the impugned order under challenge shows that the Revenue department have made a negative credit in the electronic credit ledger of the Petitioner which otherwise is not permissible and what is permissible is only blocking the availing of …

Judicial Corner: Revenue Department cannot block Electronic Credit Ledger by making negative balance (13.06.2024) Read More »

GST:   HC: Quashes appellate order creating tax demand inspite of ‘non-satisfaction’ of s. 74 ingredients   Madras High Court sets aside an appellate order where the tax proposal under section 74 was confirmed without satisfying its requirements.   The original tax order against the assessee was dismissed in appeal due to submission beyond the …

Judicial Corner: Quashes appellate order creating tax demand inspite of ‘non-satisfaction’ of s. 74 ingredients (12.06.2024) Read More »

GST:   No GST on sale of warehoused goods in 3P FTWZ on “as is where is” basis for supply to bonded warehouse under MOOWR Scheme: AAR   The advance ruling pertains to the classification of a specific transaction involving warehoused goods. The applicant imports and stores goods in a third-party Free Trade Warehousing Zone …

Judicial Corner: No GST on sale of warehoused goods in 3P FTWZ on “as is where is” basis for supply to bonded warehouse under MOOWR Scheme: AAR (11.06.2024) Read More »

GST   The Hon’ble Calcutta High Court in the case of M/s. Cosyn Limited v. Assistant Commissioner of State Tax [M.A.T. NO. 2411 OF 2023 dated April 30, 2024] held that where the Assessee had availed IGST credit and subsequently utilized the said IGST credit for tax payment of SGST, the amount collected as IGST Tax shall …

Judicial Corner: The Hon’ble Calcutta High Court in the case of M/s. Cosyn Limited v. Assistant Commissioner of State Tax [M.A.T. NO. 2411 OF 2023 dated April 30, 2024] held that where the Assessee had availed IGST credit and subsequently utilized the said IGST credit for tax payment of SGST, the amount collected as IGST Tax shall stand reduced by an amount equal to the credit so utilized and shall be apportioned to the appropriate State Government and the Central Government shall transfer the amount so apportioned to the account of the appropriate State Government in terms of Section 18 of the Central Goods and Services Tax Act, 2017 (10.06.2024) Read More »

GST: The time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017, and the ITC claims should be processed if otherwise eligible. The petitioner challenged the provisions under Section 16(2)(c) and Section 16(4) of the CGST Act. The Court …

Judicial Corner : The time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017, and the ITC claims should be processed if otherwise eligible. The petitioner challenged the provisions under Section 16(2)(c) and Section 16(4) of the CGST Act. The Court ruled in favor of the petitioner, providing relief concerning the input tax credit (ITC) eligibility criteria (07.06.2024) Read More »