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Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable

January 26, 2023 1464 Views 0 comment Print

HC set aside order raising a demand of tax and penalty for release of the goods. Held that, neither SCN nor order of demand stated reasons for imposing tax liability as well as penalty.

No Late fees to be charged if returns not filed due to cancellation of GST registration, which was restored subsequently

January 25, 2023 8553 Views 0 comment Print

held that the assessee cannot be penalised by demanding late fee where, assessee had not filed GST returns due to cancellation of GST Registration on factually incorrect grounds.

GST officers have no power to seize cash during search operations

January 25, 2023 6909 Views 0 comment Print

HC held that, seizure under Section 67 of CGST Act is limited to goods liable for confiscation or any documents, books or things which may be useful for or relevant to any proceedings and ‘cash’ does not fall within definition of ‘goods’

Assessee cannot claim supplementary refund based on fresh calculation after processing of original refund application

January 24, 2023 1710 Views 0 comment Print

Under the Companies Act, 2013, the Odisha High Court rules that an assessee cannot claim a supplementary refund based on a fresh calculation after the processing of the original refund application. In Vedanta Ltd. vs. Union of India, the court states that when Input Tax Credit (ITC) is claimed for multiple units under a single GSTIN, the assessee cannot seek supplementary refund by treating each unit as a separate entity.

Availment & passing of fake/ineligible ITC – HC Grants bail to accused

January 23, 2023 2091 Views 0 comment Print

Prosecution case against petitioner is that he created fake firms for availment and passing of fake/ ineligible Input Tax Credit (ITC) to facilitate existing beneficiary firms.

Assessee permitted to make changes in Form GSTR-3B for July, 2017 & March, 2018

January 23, 2023 8178 Views 0 comment Print

HC permitted assessee to make necessary changes to its Form GSTR 3B returns for July, 2017 and March, 2018 and held that, allowing the assessee to make such changes, would not cause any prejudice to Revenue Department nor would it upset the chain of credit under GST

Service tax cannot be demanded on correct availment of abatement and for discharging the tax liability for ‘Installation of thermal insulation’ under ‘Works Contract Service’

January 23, 2023 14313 Views 0 comment Print

CESTAT Held that, installation of ‘thermal insulation’ is a covered under definition of Works Contract Service & therefore, Service Tax is not demandable.

Electronic credit ledger cannot be blocked without providing an opportunity of personal hearing

January 23, 2023 1272 Views 0 comment Print

HC quashed and set aside the orders blocking Electronic Credit Ledger (ECL) of assessee without providing an opportunity of personal hearing. 

GST @ 5% is leviable on all types of jaggery, pre-packaged and labelled

January 23, 2023 41961 Views 0 comment Print

All types of jaggery pre- packed and labelled are exigible to GST at 5% as per SI. No. 91A of Notification No. 1/2017-Central Tax (Rate) dated June 28, 2017

18% GST leviable on works contract services to Indian Railways; 12% on works contract services involving predominantly earthwork

January 23, 2023 16140 Views 0 comment Print

In re S.K. Swami & Company  (GST AAR Karnataka) GST @ 18% leviable on works contract services to Indian Railways; 12% on works contract services involving predominantly earthwork The AAR, Karnataka in the matter of M/s S.K. Swami & Company [Advance Ruling No. KAR ADRG 05/2023 dated January 23, 2023] has ruled the rate of Goods […]

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