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ITC Ineligible for Purchasing Dealer if Selling Dealer Fails to Pay to Government

August 20, 2023 15870 Views 0 comment Print

Mere collection of tax by the selling dealer is not sufficient; the tax must be duly paid to the government. The burden of proof lies with the purchasing dealer to substantiate that the tax collected has indeed been paid to the government by the supplier.

SC to Decide on GST Implications of Immovable Property: Next Hearing on August 23

August 19, 2023 15048 Views 0 comment Print

Commissioner of Central Goods And Service Tax & Ors Vs Safari Retreats Private Limited & Ors (Supreme Court of India) The Supreme Court of India heard the case Chief Commissioner of Central Goods And Service Tax & Ors. v. M/s. Safari Retreats Private Limited & Ors. [Civil Appeal No. 2948/202] on August 17, 2023. The […]

Assistant Commissioner has no authority to alter findings of higher authority

August 19, 2023 3027 Views 0 comment Print

HC set aside order passed by Assistant Commissioner and held that revenue officers are required to follow principles of judicial discipline and accordingly are bound by decisions of Appellate Authority.

Foam cup pads classifiable under HSN 39262091 & attracts GST @18%

August 18, 2023 2163 Views 0 comment Print

Read detailed analysis of GST Advance Ruling by Uttar Pradesh AAR on appropriate HSN code for foam cup pads, issued to Maavisa Fom CUP Private Limited.

GST: Deposits made during search cannot Be Kept if Proceedings Not Initiated: HC

August 18, 2023 1659 Views 0 comment Print

Read about the Punjab and Haryana High Court’s verdict in the case of M/s Parsvnath Traders v. Principal Commissioner, CGST, which ruled that deposited GST amounts collected during search proceedings should be refunded along with interest.

Appellant Authority Can’t Reject Appeal for Lack of Physical Order Copy

August 17, 2023 1587 Views 0 comment Print

Rama Shanker Modi Vs Assistant Commissioner (Calcutta High Court) Appellant Authority cannot reject appeal merely on the ground that order copy was not furnished physically The Hon’ble Calcutta High Court in Rama Shanker Modi v the Assistant Commissioner, Central Goods And Services tax and Central Excise [WPA 15639 of 2023 dated July 20, 2023] set […]

Transportation Charges in Assessable Value: CESTAT Kolkata Analysis

August 15, 2023 4224 Views 0 comment Print

Explore the analysis of the case Satya Megha Ispat Pvt. Ltd. vs Commissioner of Central Excise by CESTAT Kolkata regarding inclusion of transportation charges in assessable value. Understand the implications of FOR contracts and recent CBEC circulars.

Service tax not leviable on penal interest and bounce charges

August 14, 2023 1878 Views 0 comment Print

CESTAT set aside impugned order and held that the assessee is not receiving penal interest and bouncing charges as a consideration for tolerating an act. Thus, service tax cannot be demanded.

Excise Duty cannot be demanded Solely on Sales Figure Discrepancy

August 13, 2023 735 Views 0 comment Print

Analysis of the CESTAT Kolkata case involving excise duty demand based on differences between balance sheet and ER-1 returns, highlighting the need for substantial evidence.

Mere Failure to upload order copy on GSTN portal cannot prevent time-barred appeal

August 12, 2023 4500 Views 0 comment Print

The Gujarat High Court rules on appeal timing related to GSTN, stating that failure to upload the order copy cannot prevent a time-barred appeal.

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