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No GST on exempted services of transmission or distribution of electricity

March 15, 2021 6132 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 1569 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 32091 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 5133 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 2946 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 202377 Views 17 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 10377 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

GST on supply of goods outside India from vendor’s premises located outside India

March 8, 2021 5751 Views 0 comment Print

Integrated Goods and Services Tax was payable from 01.07.2017 to 31.01.2019 and is not payable with effect from 01.02.2019 on supply of goods directly from the vendor’s premises located outside India in the non – taxable territory to the customer’s premises located at another place outside India in the non-taxable territory, without such goods entering into India.

Opportunity of being heard shall be given before passing of any order by GST Authority

March 6, 2021 7167 Views 1 comment Print

HC set aside the order imposing liability of Service tax along with interest & penalty and order in Form GST DRC-16 by the Assistant Commissioner for attachment of factory premises on the ground that no opportunity of personal hearing was given and held that one opportunity shall be given to appear and to defend the case.

HC Granted bail to accused alleged of fraudulently availing, utilizing & passing on ineligible ITC of INR 314.25 Cr.

March 4, 2021 2151 Views 0 comment Print

The Hon’ble Bombay High Court, in Daulat Samirmal Mehta v. UOI and Ors. [Writ Petition No. 471 of 2021, decided on February 15, 2021] granted bail to the accused arrested for committing offence of fraudulently availing, utilizing and passing on ineligible Input Tax Credit (ITC) amounting to INR 314.25 crores, on strength of bogus invoices […]

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