Daily Updates

The CBIC has issued a circular clarifying that if an exporter who initially imported inputs without paying IGST and compensation cess under the benefit of the said exemption notifications, later pays IGST and compensation cess along with interest, and gets the Bill of Entry reassessed through Customs authorities, then the refund of IGST paid on …

GST: The CBIC has issued a circular clarifying that if an exporter who initially imported inputs without paying IGST and compensation cess under the benefit of the said exemption notifications, later pays IGST and compensation cess along with interest, and gets the Bill of Entry reassessed through Customs authorities, then the refund of IGST paid on exports will not be considered in contravention of sub-rule (10) of Rule 96 of the CGST Rules.(12.09.2024) Read More »

The CBIC has issued a circular clarifying that data hosting services provided by Indian service providers to cloud computing service providers located outside India do not qualify as intermediary services. Therefore, the place of supply for such services cannot be determined under Section 13(8)(b) of the IGST Act. Circular No. 232/26/2024-GST dated 10.09.2024

The CBIC has issued a circular clarifying that input tax credit on demo vehicles is not blocked under clause (a) of Section 17(5) of the CGST Act. Furthermore, the capitalization of such vehicles in the books of account of authorized dealers does not affect the availability of input tax credit, subject to the other provisions …

GST: The CBIC has issued a circular clarifying that input tax credit on demo vehicles is not blocked under clause (a) of Section 17(5) of the CGST Act.(12.09.2024) Read More »

GST  The CBIC has issued a circular clarifying that an advertising company engaged in the primary supply of advertising services, including the resale of media space, to a foreign client on a principal-to-principal basis does not qualify as an “intermediary” under Section 2(13) of the IGST Act. Additionally, in such cases, the recipient of the …

GST:  The CBIC has issued a circular clarifying that an advertising company engaged in the primary supply of advertising services, including the resale of media space, to a foreign client on a principal-to-principal basis does not qualify as an “intermediary” under Section 2(13) of the IGST Act.(12.09.2024) Read More »

Customs : Implementation of automation in the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022 in respect of EOUs– reg. has been postponed till 16.09.2024 and will be implemented from 17.09.2024 onwards. Circular No. 13/2024 – Customs dated 04.09.2024

GST  Adjudication order which was passed ex-parte without hearing assesse to be set aside: High Court:- Where show cause notice was not served physically but uploaded on GST portal and adjudication order was passed ex-parte without hearing assesse, such order was to be quashed permitting them to approach before concerned authority to obtain fresh notice …

Judicial Corner: GST- Adjudication order which was passed ex-parte without hearing assesse to be set aside: High Court:- Where show cause notice was not served physically but uploaded on GST portal and adjudication order was passed ex-parte without hearing assesse, such order was to be quashed permitting them to approach before concerned authority to obtain fresh notice and to file reply thereto and said authority was to pass fresh order after affording them an opportunity of personal hearing.(06.09.2024) Read More »

GST  Dept. can’t penalize petitioner for using an alternative portal for filing return due to these technical issues: HC Where due to a technical glitch, petitioner could not file its return in GST portal of Maharashtra and filed it in GST portal of Telangana instead and took credit on same day and transferred it on …

Judicial Corner: GST – Dept. can’t penalize petitioner for using an alternative portal for filing return due to these technical issues: HC Where due to a technical glitch, petitioner could not file its return in GST portal of Maharashtra and filed it in GST portal of Telangana instead and took credit on same day and transferred it on same day to portal of Maharashtra, pursuant to said action order confirming demand was issued against petitioner, however, since, revenue could not prove any prohibition against said GST return filing and revenue did not suffer any loss from said action, impugned order was to be set aside. (05.09.2024) Read More »

GST: Advisory on Invoice Management System dated 03.09.2024 To enable taxpayers to efficiently address invoice corrections/amendments with their suppliers through the portal, a new communication process called the Invoice Management System (IMS) is being brought up at portal. This will also facilitate taxpayer in matching of their records/invoices vis a vis issued by their suppliers …

GST: Advisory on Invoice Management System dated 03.09.2024 (04.09.2024) Read More »

GST Advisory on Reporting of supplies to un-registered dealers in GSTR1/GSTR 5 dated 03.09.2024 Vide Notification No. 12/2024 – Central Tax dated 10th July 2024, the Government has reduced the threshold limit for reporting of invoice wise details of inter-state taxable outward supplies made to unregistered dealers from 2.5 Lakh to 1 Lakh which needs …

GST: Advisory on Reporting of supplies to un-registered dealers in GSTR1/GSTR 5 dated 03.09.2024 (04.09.2024) Read More »

DGFT: Allocation of 8606 Metric Tonnes Raw Value (MTRV) of raw cane sugar to USA under TRQ scheme for US fiscal year 2025 Public Notice No. 22/2024-2025 dated 03.09.2024

DGFT: Export of Red Sanders wood by Forest, Environment & Climate Change Department, Government of Odisha – Extension of time for which the additional time of 12 months from the date of this notification is given. Notification No. 26/2024-25 dated 03.09.2024

DGFT: SCOMET Updates 2024 – Amendment in Appendix 3 (SCOMET items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018. Notification No. 25/2024 dated 02.09.2024

Central Excise: Amendment to Notification No. 10/2022-Central Excise, dated the 30th June, 2022 to exempt export of Motor spirit commonly known as petrol and Diesel from the Road and Infrastructure Cess when exported to Bhutan. Notification No. 24/2024 – Central Excise dated 02.09.2024

Central Excise: Amendment to Notification No. 04/2022-Central Excise, dated the 30th June, 2022 to exempt export of Petrol and Diesel from the Special Additional Excise Duty when exported to Bhutan. Notification No. 23/2024 – Central Excise dated 02.09.2024

Central Excise: Amendment made to Notification No. 18/2022-Central Excise, dated the 19th July, 2022 to exempt export of ATF from the Special Additional Excise Duty when exported to Bhutan. Notification No. 22/2024 – Central Excise dated 02.09.2024

GST: HC set-aside order passed by same officer in dual capacity as Commercial Tax Officer & State Tax Officer: Where same officer passed assessment orders in dual capacities, orders set aside due to apparent bias and remanded for fresh consideration.   [IN THE HIGH COURT OF JUDICATURE AT MADRAS, J.S.R.S. Constructions, Versus , State Tax …

Judicial Corner: GST- HC set-aside order passed by same officer in dual capacity as Commercial Tax Officer & State Tax Officer: Where same officer passed assessment orders in dual capacities, orders set aside due to apparent bias and remanded for fresh consideration.(04.09.2024) Read More »

GST:  HC remanded matter back to AO as assesse failed to notice SCN posted on GST portal: Where assesse missed notices on GST portal, assessment order quashed and remanded for fresh consideration, allowing assesse opportunity to respond, subject to partial tax deposit.  [IN THE HIGH COURT OF JUDICATURE AT MADRAS, J.Tvl. SST & Co./Sethu Susila …

Judicial Corner: GST: HC remanded matter back to AO as assesse failed to notice SCN posted on GST portal: Where assesse missed notices on GST portal, assessment order quashed and remanded for fresh consideration, allowing assesse opportunity to respond, subject to partial tax deposit. (03.09.2024) Read More »

Excise  SC dismisses appeal against HC order which allowed refund on goods cleared by DTA unit to 100% EOU on ground of low tax effect: Refund of Cenvat credit on inputs used in manufacture of goods cleared by DTA to 100% EOU cannot be denied of sale being deemed export and not physical export. Apex …

Judicial Corner: Excise – SC dismisses appeal against HC order which allowed refund on goods cleared by DTA unit to 100% EOU on ground of low tax effect: Refund of Cenvat credit on inputs used in manufacture of goods cleared by DTA to 100% EOU cannot be denied of sale being deemed export and not physical export. Apex Court dismisses Revenue’s appeal on ground of low tax effect.(02.09.2024) Read More »

GST  HC dismissed writ petition against penalty order since petitioner failed to prove actual physical movement of goods: – Where assessee availed input tax credit on purchases from a company which was found non-existent and also assessee failed to discharge its onus to prove and establish beyond doubt actual transaction, actual physical movement of goods …

Judicial Corner: GST- HC dismissed writ petition against penalty order since petitioner failed to prove actual physical movement of goods: – Where assessee availed input tax credit on purchases from a company which was found non-existent and also assessee failed to discharge its onus to prove and establish beyond doubt actual transaction, actual physical movement of goods as also genuineness of transactions, order imposing tax and penalty along with interest upon assessee was not to be interfered. (31.08.2024) Read More »

GST  Intimation in Form GST DRC-01A not to be issued simultaneously with show cause notice under Section 73: HC:- Since petitioner was denied a valuable right of filing its submission in response to intimation in Form GST DRA-01A, order passed by respondent-revenue under section 73(9) was to be quashed and matter was to remitted back …

Judicial Corner: GST  Intimation in Form GST DRC-01A not to be issued simultaneously with show cause notice under Section 73: HC:- Since petitioner was denied a valuable right of filing its submission in response to intimation in Form GST DRA-01A, order passed by respondent-revenue under section 73(9) was to be quashed and matter was to remitted back to Competent Authority (30.08.2024) Read More »