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GST: Interest leviable despite Availability of Credit in Cash/Credit Ledgers if No Payment was Made

September 4, 2022 6516 Views 0 comment Print

HC ruled that in a case where tax has not been remitted, interest U/s. 50 of the GST Acts is leviable even if the tax payer has adequate credit in his cash ledger or credit ledger. In essence, credit cannot be equated with cash remittances.

VAT Act cannot be amended after Introduction of GST Act, 2017

August 30, 2022 2529 Views 0 comment Print

Value Added Tax (VAT) Act Cannot Be Amended After  Introduction Of CGST Act, 2017  – State Tax Officer & Anr Vs. Baiju A.A (Kerala High Court)

Service Tax: Suppression of Facts: Extended Period of Limitation Can Be Invoked For Assessment/Penalty Proceedings

August 8, 2022 15318 Views 0 comment Print

On 1.4.2007, the assessee took centralised registration and thereafter, the payment was not made until the show cause notice was issued. So the contention of the respondent bank that there was no suppression nor any mis-statement cannot be accepted. Section 73 of the Act gives extended period of limitation if there is suppression or misstatement or fraud or collusion.

GST: Voluntary Payment of Tax/Penalty U/S. 129 Does Not Debar A Dealer From Filing Appeal U/S.107

August 6, 2022 11109 Views 0 comment Print

Kerala HC held that even in cases where tax or penalty levied U/s. 129 of the GST Acts, 2017 was paid by a taxable person he can file an appeal U/s. 107 of the said Acts.

SC directs GST Network to open Portal for Tran-1/Tran-2 forms For 2 Months

July 25, 2022 1278 Views 0 comment Print

Supreme Court in Union of India Vs. Filco Trade Centre [P] Ltd directs GST Network to Open Portal For Tran-1/Tran-2 Forms for 2 Months

GST: Detention: Petitioner entitled for return of surety bond & bank guarantee furnished upon deposit of 25% of penalty

June 11, 2022 2010 Views 0 comment Print

The petitioner shall be entitled for return of the surety bond and the bank guarantee furnished. If the petitioner, upon filing the appeal with the deposit as aforesaid, files with the first respondent, the details of the appeal and the deposit made, the first respondent shall within ten [10] working days from the date of receipt of such information, return the bank guarantee/surety bond furnished.

GST: ITC Can Be Blocked Under Rule 86A Where ‘Reason To believe’ that Fraudulent Or Ineligible Credit is Availed

June 8, 2022 20799 Views 0 comment Print

HC held that there should be reasons to believe that credit of input tax available in the Electronic Credit Ledger has been fraudulently availed or the assessee is ineligible. Reasons have to be recorded by the proper officer and a speaking order shall be passed. 

‘Error Apparent on the Face of Record’ In a Taxing Statute – Should be An Error Self-Evident – Kerala HC

June 1, 2022 4644 Views 0 comment Print

Bhima Enterprises Vs State Tax Officer (Kerala High Court) ‘ERROR APPARENT ON THE FACE OF THE RECORD’ IN A TAXING STATUTE – SHOULD BE AN ERROR SELF-EVIDENT – HIGH COURT OF KERALA The Hon’ble High Court of Kerala held in M/s. Bhima Enterprises Vs. State Tax Officer (Investigation Branch) & Anr (WP(C) No. 28526 of […]

VAT: Recovery Proceedings initiation before Expiry of Time for Filing Appeal is Impermissible – Kerala HC

April 6, 2022 2682 Views 0 comment Print

K.T. Joseph Vs Deputy Commissioner of State Tax (Kerala High Court) Disposing writ petition in K T Joseph Vs. Deputy Commissioner of State Tax & Ors, the Hon’ble high Court of Kerala has observed that initiating recovery proceedings even before the expiry of the said period will make the appeal practically redundant. The petitioner herein […]

GST: Rate of Tax of Atta, Maida & Sooji, Branded and Unbranded

March 31, 2022 80979 Views 1 comment Print

Get to know the different types of wheat flours – atta, maida, and sooji. Discover their characteristics and how they are used in cooking.

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