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GST: Purchasing Dealer Not Responsible for Supplier’s Business Activities or Registration Authenticity

August 9, 2023 34251 Views 1 comment Print

In a legal battle, Arhaan Ferrous and Non-Ferrous Solutions face GST issues. Learn about the responsibility of purchasers in verifying seller’s GST registration.

Revenue Department cannot pass ex-parte rectification order u/s 161 of CGST Act

August 8, 2023 1875 Views 0 comment Print

HC set aside demand raised by Revenue Department on the ground that rectification order under section 161 of CGST Act was passed without giving opportunity of being heard to assessee.

No service tax on transportation of articles which are not goods as per Sales of Goods Act

August 8, 2023 696 Views 0 comment Print

CESTAT held that effluent does not qualify to be a ‘good’ as per Sales of Goods Act, 1930 and as per definition of GTA only transportation of ‘goods’ is covered under GTA service. Thus, transportation of effluent by GTA is out from ambit of service tax.

Revenue Department cannot seize cash which does not form part of stock in trade

August 8, 2023 1722 Views 0 comment Print

In the present case, the investigation was aimed at detecting tax evasion. Thus, seizure of cash which did not form part of the stock in trade was not justified. Accordingly, the retention of such cash by the Revenue department was not correct.

Input tax credit on inward supply of motor vehicle used for demonstration purpose

August 6, 2023 3138 Views 0 comment Print

AAR, Telangana, in M/s. Sai Service Pvt. Limited ruled that, ITC cannot be availed on test-drive vehicles when retained in a workshop as a replacement vehicle.

Cash Cannot Be Seized Without Official Seizure under CGST Act: Delhi HC

August 6, 2023 1134 Views 0 comment Print

Delhi HC challenges respondents’ action to seize ₹19.5 lakh during a CGST Act search. Verdict favors refund of the unlawfully removed cash to the petitioner.

No penalty if all taxes are paid before issuance of SCN

August 6, 2023 1815 Views 0 comment Print

A mere averment in the Show Cause Notice that the appellant had suppressed the fact cannot mean that mens rea is established, No penalty if Alleged suppression of facts was not willful with an intent to evade payment of service tax.

Minor mismatch due to adoption of standard method, not a mis-declaration

August 6, 2023 465 Views 0 comment Print

Delve into CESTAT Ahmedabad’s ruling in Kalpataru Transmission Ltd vs C.C.-Mundra, a case concerning penalties and goods misdeclaration accusations.

ITC of recipient cannot denied without conducting due diligence of supplier

August 5, 2023 2037 Views 0 comment Print

High court ruled that any demand notice issued to the assessee for reversing the ITC could not stand without a thorough investigation into the supplier’s activities.

Retrospective GST registration cancellation without a valid reason is arbitrary exercise of power

August 4, 2023 4170 Views 0 comment Print

HC held that although Revenue department has discretion to cancel GST registration from a retrospective date but doing so without valid justification constitutes the arbitrary exercise of power.

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