"16 May 2020" Archive

Bail granted to assessee in default under GST subject to bond securities

Atal Chopra Vs State of Rajasthan (Rajasthan High Court)

Atul Chopra Vs. State of Rajasthan (Rajasthan High Court) The issue under consideration is whether the bail will be granted to the assessee who was arrested for offence committed under GST? The offence as alleged in the FIR is under section 132(1)(a) read with section 132(1)(h), (j) and (k) of the Rajasthan Goods and Services […]...

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Preparation of an appeal before GST Appellate Tribunal

Preparation of an appeal before the Tribunal 1) Introduction: Once an order or proceedings is received from an appellate authority or revisional authority against which appeal lies to GST Appellate Tribunal (for short GSTAT) and the appellant has reason to be aggrieved by any finding, conclusion or observation made by the authority passin...

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Confiscation or detention of goods merely on suspicion not justified

Sri Krishna Traders Vs State of Gujarat (Gujarat High Court)

The formation of the opinion by the authority that the goods and the conveyance are liable to be confiscated should reflect intense application of mind. We are saying so because it is not any or every contravention of the provisions of the Act or the Rules which may be sufficient to arrive at the conclusion that the case is one of an inte...

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GST liability in case of transfer of construction business as a going concern

In re M/s Rajeev Bansal and Sudershan Mittal (GST AAR Uttarakhand); Advance Ruling No. 10/2019-20; 09/01/2020 Facts of the case: 1. The Applicant is a is a partnership firm engaged in the business of constructing residential/ commercial complexes and got an approval from the competent authority to construct certain numbers of residential/...

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Undue Hardship on GST Registered person by Circular No.135/05/2020

CBIC (Central Board of Indirect Tax and Customs) has issued Circular No.135/05/2020  stating Guidelines for refunds of Input Tax Credit under Section 54(3) The Circular states that that the refund of accumulated ITC shall be restricted to the ITC as per those invoices, the details of which are uploaded by the supplier in FORM GSTR-1, [&h...

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Restriction on ITC under GST | Gift Vs Sales Promotion Expenses

Restriction on the Input Tax Credit (ITC) in the CGST Act 2017 – Section 17(5)(h) Gift Vs Sales Promotion Expenses. Introduction :-As per Section 17(5)(h) of the CGST Act, 2017, input tax credit shall not be available in respect of the following, namely: goods lost, stolen, destroyed, written off or disposed of by way of gift […...

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Interstate transactions and registration requirement under GST

1. Introduction: Registration requirement under GST is to enable the Government to manage the tax collection and data analytics purposes. Registration is the most fundamental requirement for identification of tax payers ensuring tax compliance. To maintain uniformity in tax gathering procedures, assessment and to keep track of returns fil...

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FM announces Structural reforms across 8 more Sectors

(Release ID: 1624536) (16/05/2020)

a. There will be fast tracking of investment clearance through Empowered Group of Secretaries. b. Project Development Cell will be constituted in each Ministry to prepare investible projects, coordinate with investors and Central/State Governments. c. There will be ranking of States on investment attractiveness to compete for new in...

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Atma Nirbhar Bharat Part-4: New Horizons of Growth

Presentation of details of 4th Tranche announced by Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman under Aatmanirbhar Bharat Abhiyaan to support Indian economy in fight against COVID-19 Policy Reforms to fast-track Investment Effort towards Atmanirbhar Bharat Fast track Investment Clearance through Empowered Group ...

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Rectification of GST Returns – Delhi High Court in Bharti Airtel

Whether Circular No. 26/26/2017 stating that GSTR-3B can be corrected only in the month in which errors have been noticed is in line with the statutory provisions of the CGST Act, 2017 (‘Act’)...

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