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Andhra Pradesh HC Upholds validity of Section 16(4) of CGST Act

July 27, 2023 33987 Views 0 comment Print

High Court of Andhra Pradesh confirms the constitutional validity of Section 16(4) of the APGST and CGST Act, 2017, regarding Input Tax Credit. Learn about the court’s rulings on key questions.

Payment of dues: IBC overrides provision of the Electricity Act

July 25, 2023 2484 Views 0 comment Print

Supreme Court in Paschimachal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited held that Section 238 of IBC overrides provisions of Electricity Act, 2003.

No bar for prosecution under IPC merely because GST law prescribes punishment

July 23, 2023 1923 Views 0 comment Print

The Jharkhand High Court heard a petition seeking the quashing of a First Information Report (FIR) and the entire criminal proceeding against Mr. Anupam Kumar Pathak, proprietor of M/S Maa Mahamaya Enterprises, in connection with a case of Goods and Services Tax (GST) evasion.

No service tax on services rendered to NHAI being not a business auxiliary service

July 22, 2023 690 Views 0 comment Print

CESTAT set aside demand of service tax on amount received from NHAI on the ground that same is taxable under Business Auxiliary Service (BAS) and held that assessee was not rendering BAS services as alleged.

‘Kandi Ravo’ a tobacco waste to be classified under tariff entry 24013000

July 21, 2023 1248 Views 0 comment Print

AAR ruled that ‘Kandi Ravo’ the unmanufactured tobacco, made by crushing tobacco refuse and mixing it with natural clay & water is appropriately classifiable under tariff entry 24013000 and the assessee is liable to pay 28% GST on supply of such goods.

Book adjustment a valid method of consideration under GST

July 21, 2023 3210 Views 0 comment Print

AAR ruled that ITC is admissible for goods purchased from outsourced vendors when consideration is settled through book adjustment, subject to conditions outlined in Sections 16, 17 and 18 of CGST Act and their corresponding rules.

Revenue Department cannot seize cash during the inspection

July 20, 2023 1392 Views 0 comment Print

Kerala High Court in Dhanya Sreekumari v. State Tax Officer held that cash not being a stock-in-trade of assessee, was not a thing that ought to have been seized and directed Revenue Department to release cash seized to assessee.

HC Orders Refund of Unauthorized GST Payment made during Search Proceedings

July 19, 2023 2028 Views 0 comment Print

HC held that amount collected without authority of law at the time of search should be refunded along with the interest @ 6% p.a. from the date of filling this petition, within 30 days after the receipt of certified copy of order.

No Service tax on incentives received by travel agents from airlines or CRS companies

July 19, 2023 3108 Views 0 comment Print

HC held that Performance linked bonus (PLB) and Computer reservation service (CRS) fees received by airline agents are not subject to service tax under the category of ‘Business Auxiliary Services’ (BAS).

Department cannot invoke extended period without proving suppression of fact

July 19, 2023 1518 Views 0 comment Print

CESTAT held that assessee had not suppressed any facts and thus, extended period of limitation cannot be invoked and willful suppression of facts is essential to invoke the extended period of limitation

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