"25 December 2020" Archive

Changes in CGST Rules vide Notification dated 22/12/2020

Gist of important changes made in the CGST Rules, 2017 vide Notification issued on December 22, 2020 Lot many changes have been made in the Central Goods and Services Tax Rules, 2017 (CGST Rules) vide Notification No. 94/2020-Central Tax dated December 22, 2020. This article summarises all the important changes made in the CGST Rules, [&h...

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CGST Rule 86A- Hardship on Taxpayers

A writ petition was filed in 2019 in Alfa Enterprise v. State of Gujarat, against the blocking of credit ledger in the High Court of Gujarat. The Hon’ble High Court held that the blocking of the credit is not backed by any statutory provision under the CGST Act or Rules prescribed and directed the revenue to unblock the credit ledger...

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ITR Processing & Communication | AY 2020-21| Section 143(1) Intimation

1. The income tax return filed by the taxpayer is processed by the Central Processing Centre (CPC) of the Income Tax Department.  The CPC (Centralized Processing Centre) in Bangalore is in-charge of handling all the primary processing of assessments. The CPC processes return without any interaction with the taxpayer and in a jurisdiction...

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CAT raises strong objections to Introduction of Section 86B

Confederation of All India Traders Ref. No.: 3114/1/50 25th December,2020 Mrs Nirmala Seetharaman Hon’ble Minister for Finance Government of India New Delhi Dear Smt Nirmala Seetharamanp, Sub : Amendments in GST making it a complicated Taxation system With deep regret, we are constrained to bring it to your kind and urgent knowledge...

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Extend due date for filing TAR/ITR/GSTR9/9A/9C

All Odisha Tax Advocates Association made a Request for extension of due date for filing Tax Audit Reports (TARs), Income Tax Return (ITR) for the AY-2020-2021, statement under Vivad Se Vishwas Act, Audit and Annual Return (GSTR9, GSTR 9A, GSTR 9C)  under the GST Act. Full Text of their representation is as follows:- ALL ODISHA […...

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GST: Communication between Recipient & Supplier Taxpayers- FAQs & Manual

A. FAQs on Communication between Recipient and Supplier Taxpayers Overview Q.1 What is ‘Communication between Taxpayers’ functionality? Ans. “Communication between Taxpayers” functionality facilitate in sending and receiving notifications to /from another taxpayer. Q.2 Who all taxpayers are eligible to use ‘Communica...

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HC allows petitioner to apply to GST Council to get Transitional credit benefit

Sunil Kumar & Company Sri Ganganagar Vs Union Of India (Rajastan High Court)

Sunil Kumar & Company Sri Ganganagar Vs Union Of India (Rajastan High Court) High Court grant liberty to the petitioner to make an application before GST Council through Standing Counsel, who is further requested to hand over the same to the jurisdictional officer for forwarding the same to the GST Council to issue requisite certifica...

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Mere audit objection cannot be sole ground for holding clandestine manufacture & removal

BST Infratech Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata)

BST Infratech Limited Vs Commissioner of CGST & Excise, Bolpur Commissionerate (CESTAT Kolkata) We find that no physical verification of input consumption qua finished goods manufactured thereto was carried out by the department. The duty has been demanded on the basis of audit objection without causing any investigation. It is our co...

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Mortgage of secured creditor gets prior charge over charge for tax/VAT dues

State Bank of India Vs State of Maharashtra (Bombay High Court)

State Bank of India Vs State of Maharashtra (Bombay High Court) In our considered view the facts in the case at hand being similar to the facts in the case of ASREC (India) Limited (Supra) that decision would squarely be applicable to the facts of this case that if any Central statute creates priority of […]...

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Determine existence of international transaction between Assessee & its AE involving AMP expenses: HC to TPO

PCIT Vs Yum Restaurants India Pvt. Ltd (Delhi High Court)

PCIT Vs Yum Restaurants India Pvt. Ltd (Delhi High Court) The Court sets aside the impugned order and the corresponding orders of the AO/TPO and the DRP as regards the issue of AMP expenses and remands the issue concerning the determination of the existence of an international transaction between the Assessee and its AE involving [&hellip...

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March 2021