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Parallel GST proceedings cannot be conducted by 3 wings of same department for same tax period

October 14, 2022 7218 Views 0 comment Print

Held that since the audit proceedings under Section 65 of the CGST Act was already commenced by the …., it is but appropriate that the proceedings should be taken to the logical end by the …., and the proceedings in

Reply to GST SCN to be considered even if sent by post & not through portal

October 14, 2022 3354 Views 0 comment Print

HC held that the filing of a reply to the show-cause notice in form GST-DRC-06 is not mandatory under Section 73(9), 74(9) and 76(3) of CGST Act and reply so filed through post shall also be treated as valid.

Tax concession disputes are not subject to arbitration: Supreme Court

October 6, 2022 4386 Views 0 comment Print

High Court dismissed the petition stating that the terms of e-auction provided that any dispute is arbitrable and the Appellant is virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund.

SC: Liability to pay customs duty invocable when DEPB license is fake/forged

October 6, 2022 1617 Views 0 comment Print

SC directed adjudicating authority to complete penalty proceedings on remand, at the earliest preferably within a period of six months from the date of this judgment as the penalty proceedings were reported to be pending pursuant to the remand order passed by the CESTAT.

Not providing details of fake invoices & forms with SCN is a serious lapse: HC

October 4, 2022 3270 Views 0 comment Print

HC held that, GST Notice which failed to mention allegations of fake invoices against assessee is not valid and warned department to strictly give proper training to officers.

CESTAT: Demand of duty of Rs. 163 Crore based on assumptions is not permissible

October 4, 2022 894 Views 0 comment Print

CESTAT held that the assessing authority has not found any undeclared machines in the manufacturing premises or factory of the assessee and duty has been demanded based on assumptions and presumption, which is not permissible under the scheme of compounded levy on the product manufactured by the assessee. Therefore, the appeals filed by the assessee were allowed by the CESTAT.

CIC advises CBIC to introduce GST FAQs Section on their website

October 4, 2022 9453 Views 1 comment Print

It will be in the best interest of Respondent Public Authority to explore the viability of introducing/updating a FAQs Section on their website wherein the most commonly sought issues/clarifications and/or respective orders/circulars/their jurisdictions and also their powers/roles can be easily identified and relevant information in that regard can be placed in the public domain in keeping with the letter and spirit of suo motu disclosures prescribed under Section 4 of the RTI Act.

GST Returns can be filed for the period prior to cancellation of GST registration

October 3, 2022 8709 Views 1 comment Print

HC held that the assessee should be permitted to file GST returns for the period before the cancellation of GST Registration and make payment of tax dues along with interest.

Activities to be undertaken w.r.t GST Compliances for FY 2021-22 in September 2022

September 26, 2022 16782 Views 0 comment Print

Ensure smooth GST compliances for FY 2021-22 in September 2022. Learn about important activities for GSTR 9 & GSTR 9C and ITC reconciliation.

GST: Power of detention and confiscation cannot be invoked together

September 19, 2022 3159 Views 0 comment Print

HC held that the power to confiscate goods is a distinct and independent power conferred under CGST Act, 2017 which can be exercised only in cases where power to detain and seize has not been invoked.

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