In Nirmal Constructions v State of Madhya Pradesh, where State Government cancelled tender proceedings which were initiated prior to introduction of GST, in view of change in tax environment on introduction of GST, it was held that since the person who had tendered was eligible for Input Tax Credit (ITC) on GST paid on goods/services, there was nothing wrong in decision to exclude amount of GST in tender value.
In Evergreen Seamless Tubes Pvt. Ltd. & Ors. v. Union of India & Ors, WP No. 12378 of 2017(Bombay), HC dismissed writ petition challenging constitutional validity of Section 140(3)(iv) of CGST Act which deals with transition and therefore, refused to strike down one year time limit for transitional credit availment.
1st April has become a land mark date in the GST journey, I not because it is April Fools day but it marks the advent of e-way bills in the country under the GST regime, a tool to check tax evasion and bring in operational efficiency so far as taxpayers and logistics management is concerned.
The first financial year of GST regime is coming to an end next week on 31.03.2018. This is also the year of transition or migration of old indirect tax regime (VAT, Service Tax, Central Excise and other taxes) into goods and services tax regime (GST).
The GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers.
Indian economy has been on the path of positive but experimental reforms for last two years or so. I call it experimental because India has experimented with these far reaching decisions (or reforms) as a rare and dare task.
Liquor manufacture in India is very complicated with very few cases where brand owner, distiller and bottler are the same entity. Since license for distilleries are highly regulated by the State, brand owners get the liquor manufactured / bottled through on license lease basis which could be either by leasing of the distillery or factory (immovable property) itself or leasing of liquor license.
In Ramdev Trading Company & Another v. State of U.P. & 3 others (2017) 12 TMI 341 (Allahabad), where the goods of assessee were detained by detaining authority and also a penalty imposed on the ground that goods were mis described, it was observed that at the stage of seizure the detaining authority had not applied his mind, nor formed any opinion as to intention to evade tax and the only allegation made in the seizure order was to the effect that the Transit Declaration Form (TDF) was absent
The petitioner approached the high court with the grievance that despite being granted the provisional GST registration, it was not able to access its online profile on the GST network and that it is not even able to generate e-way bills which had paralyzed its business activities. It was also not able to file the tax returns or pay tax or complete other compliances.
New Book on GST Namely Compendium of Judicial Pronouncements (Relevant under GST Regime) Authored by Dr. Sanjiv Agarwal and published by Bloomsbury Publishing India Pvt. Ltd. Book is priced Rs. 1995/- and have 1150+ Pages.
