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HC cancels summon under GST as Petitioner was co-operating

January 15, 2022 11121 Views 0 comment Print

HC set aside the summons issued by the Revenue Department without any details of the inquiry, wherein the assessee was co-operating in furnishing the documents as requisitioned and to provide further details. Held that, summons is a last resort and are not to be issued in a casual manner.

Delhi HC dismisses conducting of alleged parallel investigation by various jurisdictional authorities

January 13, 2022 8442 Views 0 comment Print

HC dismissed the applicability of Circular in a petition challenging the conduct of alleged parallel investigation by various jurisdictional authorities and affirmed the investigations conducted various jurisdictional authorities of the Revenue Department into entities having common nexus. Held that, Circular cannot be extended to cover all and myriad situations that may arise in the administration and the functioning of the GST structure.

SC Restores Limitation Extension & excludes Period From 15.03.2020 to 28.02.2022 From Limitation

January 10, 2022 63525 Views 1 comment Print

The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi­judicial proceedings.

Service Tax Refund cannot be denied merely for non-filing of TRAN-1 before 27.12.2017

January 6, 2022 2847 Views 0 comment Print

CESTAT held that, right to claim Service Tax refund cannot be denied merely on account of procedural lapse of filing TRAN-1 before December 27, 2017.

Non-submission of receipt of electricity bill is not a ground of rejection of application for GST registration

January 5, 2022 27198 Views 3 comments Print

HC set aside the rejection of application of GST registration on the ground that, if for the purpose of proof of business ownership there is an option to furnish either house tax receipts or electricity bill receipts, then application cannot be rejected on the basis of non-compliance if receipt of electricity bills are not furnished.

EOU not entitled to claim refund of TED on its own, may avail of the entitlements of DTA supplier specified in FTP

January 4, 2022 2556 Views 0 comment Print

Export Oriented Unit (EOU) is not entitled to claim refund of Terminal Excise Duty (TED) on its own, however, adds a caveat that EOU may avail of the entitlements of Domestic Tariff Area (DTA) supplier specified in Chapter 8 of Foreign Trade Policy (FTP) on condition that it will not pass on that benefit back to DTA supplier later on.

Deferred the decision to change rates in textiles from 5% to 12% w.e.f. 01.01.2022

December 31, 2021 5409 Views 0 comment Print

The Ministry of Finance vide Press Release dated December 31, 2021 stated that the GST Council’s 46th meeting held on December 31, 2021 under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has recommended to defer the decision to change the rates in textiles recommended in the […]

Section 148 notice cannot be issued after approval of Resolution Plan under IBC 2016

December 31, 2021 4722 Views 0 comment Print

HC held that the IT Department is not entitled to issue notice against the Corporate Debtor for unpaid tax claims after the approval of the resolution plan by the adjudicating authority.

GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government

December 30, 2021 2010 Views 0 comment Print

In re Handloom Weavers Cooperative Society Ltd. (GST AAR Tamilnadu) GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government The AAR, Tamilnadu in the matter of M/S. Handloom Weavers Cooperative Society Ltd. [Advance Ruling No. TN/47/ARA/2021 dated December 30, 2021] held that, the services rendered by […]

Changes in Exemption on Goods under GST from 01.01.2022

December 30, 2021 12015 Views 0 comment Print

Certain changes in Goods Exemption Notification from January 01, 2022 to align it with HS 2022 Background: Earlier, the CBIC issued Notification No. 2/2017 Central Tax (Rate) dated June 28, 2017 (Goods Exemption Notification) in order to notify the exemption on certain supply of goods mentioned therein. Further, the new (seventh) edition of the Harmonized […]

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