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Judicial Corner : CESTAT Chennai held that Claimants are entitled to receive interest on refund since the date of claim for refund & not the date of compliance with query raised by Revenue. (M/s National Synthetics Vs Commissioner of Customs) (27.12.2023)

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CESTAT Chennai held that Claimants are entitled to receive interest on refund since the date of claim for refund & not the date of compliance with query raised by Revenue. (M/s National Synthetics Vs Commissioner of Customs)

Judicial Corner : The GST officers rejected the GST registration of the assessee stating that both lessor and lessee had been running business in same premises, which was not acceptable. The Assessee challenged such rejection before the High Court of Tamil Nadu. The Hon’ble High Court gave directions to Revenue to visit the premises and the Revenue on such verification contended that two persons had been carrying on their business in same premises with two separate GST numbers and there was no demarcation of properties referred by assessee. In this scenario the High Court directed to grant the GST registration to Assessee and directed assessee to demarcate property within one week of issue of GST number. (26.12.2023)

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The GST officers rejected the GST registration of the assessee stating that both lessor and lessee had been running business in same premises, which was not acceptable. The Assessee challenged such rejection before the High Court of Tamil Nadu. The Hon’ble High Court gave directions to Revenue to visit the premises and the Revenue on …

Judicial Corner : The GST officers rejected the GST registration of the assessee stating that both lessor and lessee had been running business in same premises, which was not acceptable. The Assessee challenged such rejection before the High Court of Tamil Nadu. The Hon’ble High Court gave directions to Revenue to visit the premises and the Revenue on such verification contended that two persons had been carrying on their business in same premises with two separate GST numbers and there was no demarcation of properties referred by assessee. In this scenario the High Court directed to grant the GST registration to Assessee and directed assessee to demarcate property within one week of issue of GST number. (26.12.2023) Read More »

Judicial Corner: High Court of Andra Pradesh in case of SRK Enterprises v. Assistant Commissioner (ST) set aside the unsigned order uploaded on portal and directed department to pass fresh order treating the unsigned order as invalid. (22.12.2023)

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GST: High Court of Andra Pradesh in case of SRK Enterprises v. Assistant Commissioner (ST) set aside the unsigned order uploaded on portal and directed department to pass fresh order treating the unsigned order as invalid.

SEBI has issued circular for actions required by corporates for Continuity for Clearing Corporations through Software as a Service (SaaS) Model. It provides clear roadmap for CCs and Exchanges to implement this innovative solution, further safeguarding investor interests and promoting a robust regulatory environment. (22.12.2023)

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SEBI SEBI has issued circular for actions required by corporates for Continuity for Clearing Corporations through Software as a Service (SaaS) Model. It provides clear roadmap for CCs and Exchanges to implement this innovative solution, further safeguarding investor interests and promoting a robust regulatory environment. [Circular No. SEBI/HO/MRD/TPD/P/CI R/2023/192 Dated: December 20, 2023]

Judicial Corner: High Court of Andra Pradesh in case of SRK Enterprises v. Assistant Commissioner (ST) set aside the unsigned order uploaded on portal and directed department to pass fresh order treating the unsigned order as invalid.(21.12.2023)

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GST High Court of Andra Pradesh in case of SRK Enterprises v. Assistant Commissioner (ST) set aside the unsigned order uploaded on portal and directed department to pass fresh order treating the unsigned order as invalid.

Central Excise: CBIC launched SAMAY (Systematic Adherence and Management of timelines for Yielding results in litigation) portal.(19.12.2023)

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Central Excise: CBIC launched SAMAY (Systematic Adherence and Management of timelines for Yielding results in litigation) portal. This online portal, presented during a recent meeting with Chief Commissioners, aims to streamline the monitoring of Special Leave Petitions (SLP) and Civil Appeal (CA) proposals, ensuring a systematic adherence to legal timelines. [Instruction No.275/15/2021-CX.8A dated 13th Dec …

Central Excise: CBIC launched SAMAY (Systematic Adherence and Management of timelines for Yielding results in litigation) portal.(19.12.2023) Read More »

Judicial Corner : Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression of facts to evade.(18.12.2023)

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GST: Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression of …

Judicial Corner : Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression of facts to evade.(18.12.2023) Read More »

Judicial Corner :When Buyer was unable to claim ITC for such invoices where it did not appear in its GSTR-2B but appeared inadvertently in GSTR-2B of third party vendor, assessee’s request to amend/rectify Form GSTR-1 could not be rejected as errors of assessee were inadvertent and bonafide and there was not an iota of an illegal gain being derived by assessee. (18.12.2023)

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When Buyer was unable to claim ITC for such invoices where it did not appear in its GSTR-2B but appeared inadvertently in GSTR-2B of third party vendor, assessee’s request to amend/rectify Form GSTR-1 could not be rejected as errors of assessee were inadvertent and bonafide and there was not an iota of an illegal gain …

Judicial Corner :When Buyer was unable to claim ITC for such invoices where it did not appear in its GSTR-2B but appeared inadvertently in GSTR-2B of third party vendor, assessee’s request to amend/rectify Form GSTR-1 could not be rejected as errors of assessee were inadvertent and bonafide and there was not an iota of an illegal gain being derived by assessee. (18.12.2023) Read More »

GST : Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression of facts to evade. (18.12.2023)

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GST :  Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression …

GST : Section 74(1) can be invoked only in cases where there is a fraud or wilful mis- statement or suppression of facts to evade tax on the part of the said taxpayer. Section 74(1) cannot be invoked merely on account of non-payment of GST, without specific element of fraud or wilful mis-statement or suppression of facts to evade. (18.12.2023) Read More »

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