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Cancellation of GST Registration cannot be revoked due to disputes over undivided property

November 17, 2022 1356 Views 0 comment Print

HC held that Registration once issued to assessee and later cancelled upon request can’t be revoked merely on the basis of disputes with brother of applicant, over undivided property.

Application’s common-portal filing date is “relevant” when construing limitation

November 14, 2022 990 Views 0 comment Print

HC ruled that date of filing of application by assessee on common portal would be treated as date of filing of claim for refund to satisfaction of requirement of Section 54 of CGST Act and Rule 89 of CGST Rules.

‘Sufficient Balance’ not required in Electronic Credit Ledger in order to block ITC due to ineligibility under Rule 86A

November 14, 2022 3279 Views 1 comment Print

Learn from the Calcutta High Court ruling on Rule 86A of CGST Rules. Sufficient balance in Electronic Credit Ledger not needed to block ITC for ineligibility.

Can Non-Restoration of GST Registration be brought within ambit of “Right to Livelihood” under Article 21

November 13, 2022 1503 Views 0 comment Print

HC asked appropriate officer to give a chance to Petitioner to take all necessary steps to revive registration and to be allowed to pay overdue GST taxes and file pending GST returns before GST registration was cancelled under Section 29(2)(c) of CGST Act

Interest leviable only on cash portion of GST liability with retrospectively from July 1, 2017

November 13, 2022 3462 Views 0 comment Print

HC held that amendment to Section 50 of GST Act regarding imposition of the interest on late payment of tax has a retrospective effect.

ITC eligible on CSR expenditure spent by company

November 9, 2022 10644 Views 0 comment Print

The expenditure made towards corporate responsibility under section 135 of the Companies Act, 2013, is an expenditure made in the furtherance of the business. Hence the tax paid on purchases made to meet the obligations under corporate social responsibility will be eligible for input tax credit under CGST and SGST Acts.

CRP Test Kit & HbA1c Test kit classifiable under chapter heading 3002

November 9, 2022 2676 Views 0 comment Print

CRP Test Kit and HbA1c Test kit, will be classified under chapter heading 3002, and accordingly, both the product will attract GST at the rate of 5% (CGST @2.5 % +SGST @2.5 %)

Co-operative Housing society not eligible to claim ITC on receipt of works contract services

November 9, 2022 7782 Views 0 comment Print

AAR held that a co-operative housing society cannot claim ITC of GST paid to its appointed contractor for repairs, renovation and rehabilitation work carried out in society.

GST Registration Cancellation: Appeal Remedy cannot be denied merely because Revocation Option was not opted

November 6, 2022 3045 Views 0 comment Print

Cancellation of GST Registration: Appeal Remedy cannot be Denied Merely Be-cause Option of Revocation was Not Opted, rules Karnataka HC

SC to decide whether Service tax leviable on secondment of employees

November 3, 2022 2103 Views 0 comment Print

Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India) The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s […]

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