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Archive: 30 January 2019

Posts in 30 January 2019

Erroneous Assessment order cannot be revised if not prejudicial to Revenue

January 30, 2019 1611 Views 0 comment Print

CIT should not stop merely on finding that the order was erroneous but also had to establish that the order of AO was prejudicial to the interests of revenue. Thus, revision could not be made in such a case and the order of AO was restored.

Valuation- Demurrage not includible – Explanation to Valuation Rule 10(2) is bad

January 30, 2019 4434 Views 0 comment Print

Observing that the provisions in the Customs Act were silent about demurrage, the High Court held that it is beyond the legislative powers to include demurrage charges in the rules for Customs valuation. Supreme Court judgements in Wipro ltd, Essar Steel Ltd. and Mangalore Refinery and Petrochemicals Ltd. were relied on.

Bogus Invoices with wrong availment of Rs. 25.5 Crore ITC detected

January 30, 2019 2436 Views 0 comment Print

CGST, Vadodara, upon intelligence developed through data analysis, have booked a case of issuance of fake invoices valued at Rs. 107 Crores without any physical movement of goods, leading to wrongful availment of ITC worth Rs 25.5 crores and passing on of ITC worth Rs 19 crores.

DGCI arrests Company MD in fake GST bill case

January 30, 2019 3561 Views 0 comment Print

DGGI arrested a managing Director (MD) of a company Following intelligence developed by the officers that fake invoices were received by the company without receipt of goods from various companies and fake invoices were issued without supply of goods. Directorate General of GST Intelligence Visakhapatnam Zonal Unit Door No. 25-14-17, Suryabagh, Beside Melody Theatre, Visakhapatnam-530020 […]

Availability of ITC in respect of repairs etc. of Motor Vehicles-Post 31.01.2019

January 30, 2019 328158 Views 24 comments Print

This is an updation of my earlier article on the same matter wherein  issue of availability of Input Tax Credit (ITC)  in respect of  services of repairs, insurance etc. for   motor vehicles has been discussed. Through CGST Amendment Act 2018, the law on this point has been amended by inserting clause (ab) to Sec. 17(5) […]

AAR refers matter to Appellate Authority due to different views on the issue

January 30, 2019 2736 Views 0 comment Print

In re M/s NHPC Limited (GST AAR Uttarakhand) Whether the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended from time to time) is applicable to the contractors/sub-contractors involved in the construction of Indo-Nepal Border Road or otherwise? We have different views on the applicability of GST on the sub-contractors as discussed supra. Since we […]

AAR ruling on GST on Polyester Viscose fusing Interlining Woven Fabric

January 30, 2019 1242 Views 0 comment Print

In re Goodwear fashion Pvt Ltd.  (GST AAR Uttarakhand) Whether Interlining Fabrics is classified under HSN Code 5903 or should be classified as per the blend of Yarn (in chapter 52-55). Specimen fabric i.e. ‘Polyester Viscose fusing Interlining Woven Fabric, partially covered with plastic which leads to plastic coated pattern that is visible on its […]

Fill column no. 45 of ANF 2D to seek FTP/HBP provisions relaxation

January 30, 2019 1293 Views 0 comment Print

It has been decided that henceforth all applicants seeking relaxation of FTP/HBP provisions must fill up column no. 45 of ANF 2D, while making online application, clearly bringing out the relaxation being sought mentioning the relevant para of FTP/HBP also.

GST liability difference of Rs. 67 Crore detected by CGST Vadodara

January 30, 2019 2652 Views 0 comment Print

The officers of Daman Cornmssionerate have detected a case of default in GST payment against Mrs Radha Madhav Corporation Limited which had stepped filing return since August 2018 and there was a noticeable difference in declared ilatlity in two returns prescribed in CGST Act,2017 namely GSTR-1 and in GSTR-3B worth Rs. 67 Ccores

Amendments in HBPs related to Facility of Clubbing of Authorisations

January 30, 2019 915 Views 0 comment Print

Para 4.38 Facility of Clubbing of Authorisations: (i) No clubbing of Authorisations issued on or before 31st March, 2009 shall be allowed. (ii) Request for clubbing shall be made in ANF – 4C to the concerned RA who has issued the Authorisations.

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