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Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1965 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

Opportunity of hearing to be provided to assessee in case of variation in demand order

January 6, 2023 2265 Views 0 comment Print

HC quashed and set aside demand notice and assessment order making an addition of INR 92.42 crores without providing the opportunity of hearing to the assessee. Held that, the Revenue Department should make assessments following the provisions of Section 144B of Income Tax Act, 1961 in order to provide an opportunity of hearing to the assessee.

Customs broker cannot be held liable for undervaluation of exported goods

January 4, 2023 1389 Views 0 comment Print

CESTAT, Chennai, ruled that customs brokers cannot be held liable for the undervaluation of goods. The court held that the valuation of goods is determined by the contract between the exporter and importer, and customs brokers do not have any influence in this matter.

HC directs investigating officer to issue advance notice of 72 hours to effect arrest after investigation

January 4, 2023 2475 Views 0 comment Print

HC directed the investigating officer to issue advance notice of 72 hours to the assessee to effect the arrest if necessary, after investigation in a case. Further directed the assessee to co-operate in the matter and produce the materials as sought.

Matter not to be remanded back when all the materials on record are available

January 3, 2023 4011 Views 0 comment Print

HC set aside order passed by Commercial Tax Tribunal remanding the matter to the Assessing officer. Held that, the Tribunal was incorrect in remanding back the matter, when all the material was before it thus, it should have dealt with each of the material and decided the same.

Cancellation of registration without providing opportunity of hearing is cryptic in nature

January 3, 2023 1284 Views 0 comment Print

HC held that SCN and order for cancellation of GST Registration is not sustainable on the grounds that the order was passed without any personal hearing and thus, cryptic in nature. Further directed the Revenue Department to restore the GST registration of assessee.

Royalty amount for mining is to be included while arriving transaction value for payment of GST

January 3, 2023 1935 Views 0 comment Print

AAR ruled that Royalty amount is includable while arriving at the transaction value for payment of applicable GST on the supply of services rendered by the assessee to the main contractor under Section 15 of CGST Act and 18% GST is applicable on Royalty amount under RCM.

Hiring of goods transportation vehicle by GTA is exempted from GST

January 2, 2023 54405 Views 0 comment Print

AAR ruled that no GST will be chargeable on the hiring of a transportation vehicle by a Goods Transportation Agency (GTA) and also has no liability under Reverse Charge Mechanism (RCM).

Concessional GST rate of 12% on composite supply of works contract to be applied prospectively

January 2, 2023 9021 Views 0 comment Print

AAR ruled that the Notification amending the tax rate from 18% to 12% on Composite Supply of Works Contract can only be applied prospectively, if an enactment does not expressly provides that it should be deemed to have come into effect form a past date.

Cancellation of GST Registration Without Specifying Reasons is against Principles of Natural Justice

January 2, 2023 951 Views 0 comment Print

HC held that SCN that does not contain reason to justify cancellation of registration therefore, is violative of principles of natural justice and needs to be quashed.

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