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Works Contract to construct IIT, Bhubaneswar to be considered as Composite Supply Contract

March 19, 2021 1941 Views 0 comment Print

AAAR observed that is it clearly stated in the agreement between the Appellant and IIT Bhubaneswar that the Appellant is entrusted with the entire project on turnkey basis for work relating to Planning, designing, and supervision of construction of various building infrastructure development and interior work, etc.

HC issued directions that no recovery should be during search/inspection under any circumstances

March 18, 2021 4137 Views 0 comment Print

The Hon’ble Gujarat High Court in Bhumi Associate v. Union of India [R/Special Civil Application Nos. 2426, 2515, 2618 and 3196 of 2021 decided on February 18, 2021] passed an interim order directing the CBIC and Chief Commissioner of Central/State Tax to issue guidelines by way of suitable circular/instructions that no recovery in any mode […]

Denial of ITC refund for technical glitches in GSTN software is unfair

March 18, 2021 9081 Views 1 comment Print

If the assessee was otherwise eligible to refund, the refund claim ought not to be denied on the ground of technical glitches and error occurred due to auto-population in Goods and Service Tax Network (GSTN) software. Nothing can be more unfair.

No GST on exempted services of transmission or distribution of electricity

March 15, 2021 5901 Views 0 comment Print

The Hon’ble Rajasthan High Court in Jodhpur Vidyut Vitran Nigam Ltd. v. UOI & ors. [D.B. Civil Writ Petition No. 9397/2018, decided on February 5, 2021] quashed Para 4(1) of Circular No. 34/8/2018-GST dated March 1, 2018 (Impugned Circular) which clarifies that following activities provided by DISCOMS to consumers are taxable: i. Application fee for […]

No bar on investigation by different officers independently investigating different matters without any overlapping

March 13, 2021 1509 Views 0 comment Print

No bar on investigation by different officers independently investigating different matters without any overlapping The Hon’ble Punjab & Haryana High Court in Kaushal Kumar Mishra vs. Addl Director General & anr [CWP-21387-2020 (O&M), decided on February 12, 2021] dismissed the petition and refused to interfere with the investigations undertaken by the competent authorities against the […]

Assessee can rectify or revise Form GSTR-3B or GSTR- 1

March 13, 2021 31818 Views 7 comments Print

The Hon’ble Gujarat High Court in M/S Deepak Print v. Union of India [R/Special Civil Application No.  18157 of 2019, decided on March 9, 2021] directed the revenue department to allow the rectification of entries in the Form GSTR-3B return for the Month of May, 2019, on account of genuine bonafide human error. Facts: M/S […]

Time period for claiming refund of excess Service Tax paid under TRAN-1, to be counted from date of it’s reversal

March 11, 2021 4944 Views 0 comment Print

CESTAT Ahmedabad, set aside the order passed by the Commissioner (Appeals) rejecting the refund claim of excess paid Service Tax of INR 1,61,203/- on the ground of time barred. Held that, the time period for claiming the excess Service Tax paid under GST TRAN-1 is to be counted from date of its reversal. Hence, the same is not time barred.

Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

March 11, 2021 2832 Views 0 comment Print

The Hon’ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India & Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Act, […]

Mandatory to mention 4/6-digit HSN/SAC Code w.e.f. April 1, 2021

March 11, 2021 199386 Views 16 comments Print

The Central Board of Indirect Taxes (CBIC) issued Notification No. 12/2017-Central Tax dated June 28, 2017, to show specified digits of Harmonised System of Nomenclature (HSN)/ Service Accounting Code (SAC) Code on raising of tax invoices for supply of goods or services as under: S. No. Aggregate Turnover in the preceding Financial Year Number of […]

Supreme Court: Period from 15.03.2020 to 14.03.2021 to be excluded from limitation period

March 9, 2021 10347 Views 3 comments Print

SC lifted the extension of the limitation period for filing of cases, granted by the Court vide Order dated March 23, 2020 on account of COVID-19 pandemic and the national lockdown which was extended from time to time

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