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

March 9, 2021 10911 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 6435 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 7692 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 2493 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 […]

Time period to file an appeal starts only when order is uploaded on GST portal

February 27, 2021 16365 Views 2 comments Print

The Hon’ble Gujarat High Court in Gujarat State Petronet Ltd. v. Union of India [R/Special Civil Application No. 15607 of 2019, decided on March 5, 2020] quashed and set aside the order passed by the Appellate Authority rejecting the appeal on the ground of limitation. Held that, there was no failure in filling the appeal […]

Power to attach bank account should be exercised strictly as it entails serious consequences

February 26, 2021 4869 Views 0 comment Print

The Hon’ble Delhi High Court in Proex Fashion Private Limited v. Government of India & Ors. [W.P.(C) 11245/2020 & CM APPL. 35053/2020, decided on January 6, 2021] quashed the order passed for attaching the bank account of the assessee pursuant to proceedings initiated under Section 71 of the Central Goods and Services Tax Act, 2017 […]

Provisional attachment on sub-contractor’s escrow account lifted as sub-contractor is not a taxable person

February 24, 2021 2283 Views 0 comment Print

The Hon’ble Bombay High Court in Abhi Engineering Corporation Pvt. Ltd. And Anr. v. Union of India and Ors. [Writ Petition (L) No. 5842 of 2020 decided on February 9, 2021] held that where the proceedings under Section 74 of the Central Goods and Services Tax Act, 2017 (CGST Act) have been initiated against the […]

Budget 2021: Amendments proposed in Section 74, 107, 151, 152 & 168 of CGST Act, 2017

February 24, 2021 7068 Views 0 comment Print

This GST Charcha deciphers into recent changes in GST Laws made vide Clause No. 104, 107, 110, 111 and 112 of the Finance Bill, 2021 with respect to amendments in Section 74, 107, 151, 152 and 168 of the CGST Act.

Amount received for security services including amount of wages for guards taxable @18%

February 24, 2021 8955 Views 0 comment Print

The Hon’ble AAR Gujarat in M/s Gujarat Industrial Security Force Society [Advance Ruling No. GUJ/GAAR/R/100/2020 decided on October 14, 2020] held that the security services would be taxable to GST @18% on the entire amount received including the wages for the guards. Input Tax Credit (ITC) would be available if the procedure of paying GST […]

Exclusion of small scale ice cream manufacturers from composition scheme benefit to be reconsidered by GST Council

February 22, 2021 6276 Views 0 comment Print

The Hon’ble Delhi High Court in Del Ice Cream Manufacturers Welfare’s Association v. Union of India and Anr. [Writ Petition No. 5252/2019 and others dated February 9, 2021] directed the GST Council to reconsider the exclusion of small scale manufactures of ice cream from the benefit of Composition Scheme under Section 10(1) of the Central […]

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