ser Archive - 08 June 2019

"08 June 2019" Archive

Anti-profiteering -Delhi HC stays NAA order

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court)

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and [&hell...

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Bagasse not a manufactured product- Allahabad HC quashes CBIC Circular

M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)

M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)  Allahabad High Court has held that Cenvat credit need not be reversed in respect of bagasse which is an agricultural waste and not a manufactured final produ The High Court quashed CBIC Circular No.1027/15/2016-CX, dated 25-4-2016 which treated bagasse as exempted p...

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Clubbing of Advance authorisations when not possible: HC explains

Jindal Poly Film Ltd Vs Designated Authority & Anr. (Delhi High Court)

Jindal Poly Film Ltd Vs Designated Authority & Anr. (Delhi High Court) In a case involving clubbing of Advance Authorisations issued in 2004 and 2010, Delhi High Court has held that clubbing can be provided only if export obligation period of authorization issued at a prior point of time allowed under Paragraph 4.22 of the […]...

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Kerala Flood Cess- 16 Things You must know

1. Kerala to levy calamity cess up to 1% over and above GST, for the purpose of providing reconstruction, rehabilitation and compensation needs which had arisen due to massive floods which occurred in the State during August, 2018 2. The Power to impose such a levy flows from Article 279(A) (4)(F) of the constitution 3. […]...

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GST: SC stays Gujarat HC decision which held Section 140(3)(iv) ultra-vires

Union of India Vs Filco Trade Centre Pvt Ltd (Supreme Court)

Union of India Vs Filco Trade Centre Pvt Ltd (Supreme Court) The instant petition was filed challenging the Constitutional vires of Section 140(3)(iv) of CGST Act, 2017 – The Gujarat High Court held that no just, reasonable or plausible reason is shown for making such retrospective provision taking away the vested rights – cla...

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Delhi HC directs GST Council to consider Petition of Wind Turbine

Indian Wind Turbine Manufacturers Association Vs Union of India (Delhi High Court)

The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association....

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GST Portal Updates – New Functionality in May 2019

GSTN introduces  New Functionality in May 2019 for Form GSTR-9, Annual Return for 2017-18, Form GSTR-9A, Annual Return for 2017-18 for composition taxpayer, Revocation of cancellation of Registration  and for Viewing & Downloading of month-wise Comparative Table on Liability Declared and Credit Claimed. A. Form GSTR-9, Annual Return...

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Recent Changes in Form 24Q- Annexure II & Form 16 – Part B

Recent Changes in Form 24Q – Annexure II & Form 16 – Part B A. Need of the hour – Brief about the change THE REVISED ANNEXTURE II will lead to: > Availability of complete detailed breakup of Income, various tax deductions & exemptions claimed > Pre filling of ITRs > Check on false claims […]...

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No Stay on arrest for GST evasion; FIR Maintainable: Allahabad HC

Govind Enterprises Vs State of U.P.  (Allahabad High Court)

Govind Enterprises Vs State of U.P.  (Allahabad High Court) Thrust of the allegations made in the impugned FIR is that the dealer fraudulently, with a dishonest intention, by submitting false documents, with an intention to evade taxes, obtained registration, thereafter, took inward supply and passed on the goods to end users, without ge...

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Clarifications on filing of Annual Return-Form GSTR-9

Article clarifies recent CBIC clarification Dated 04.06.2019 on filing of Annual Return (FORM GSTR-9). Article explains the Terminology used in Annual Return-Form GSTR-9 related to various issues address by CBIC in its Press Release. Sr. No. Issue addressed Details 1 Auto-Population  of Form GSTR-9 from GSTR-2A Terminology:- GSTR-2A:_Det...

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