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section 73

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Digital or Manual Signature Needed for Valid Section 73 GST Orders: Kerala HC

Goods and Services Tax : Kerala HC rules that GST orders under Section 73 must have digital or manual signatures to be valid, quashing impugned orders in t...

January 3, 2025 417 Views 0 comment Print

Comprehensive Analysis of Section 61 of CGST Act, 2017

Goods and Services Tax : Explore Section 61 of CGST Act, covering scrutiny of GST returns, officer's authority, taxpayer obligations, and implications for ...

December 17, 2024 1440 Views 0 comment Print

Adjudication of Multiple Show Cause Notices In GST

Goods and Services Tax : The Kerala SGST guidelines address the adjudication of multiple Show Cause Notices, ensuring consistency in decision-making across...

December 4, 2024 20586 Views 0 comment Print

GST Amnesty for ITC, Interest and Penalty Waivers

Goods and Services Tax : Learn about GST amnesty provisions for waiving interest, penalties, and regularizing ITC under Section 16(4) of CGST Act. Apply by...

November 26, 2024 3432 Views 0 comment Print

Brief Note on Scrutiny of Returns by Proper Officer under GST

Goods and Services Tax : Learn about GST return scrutiny under Section 61 of the CGST Act, 2017. Understand the process, objectives, and key areas of compl...

November 26, 2024 10185 Views 0 comment Print


Latest News


Representation on GST Challenges related to Section 128A & 16(4) ITC Disallowance

Goods and Services Tax : KSCAA highlights practical GST challenges in Sec 128A & Sec 16(4), urging clarifications on appeals, ITC, interest waivers, and mu...

December 17, 2024 6276 Views 0 comment Print


Latest Judiciary


GST DRC-01 Summary Not a Substitute for Section 73(1) SCN: Gauhati HC

Goods and Services Tax : Gauhati High Court held that the Summary of the Show Cause Notice in GST DRC-01 is not a substitute to the Show Cause Notice to be...

February 26, 2025 600 Views 0 comment Print

SC Notice on SLP Challenging Extension of Limitation under CGST Act

Goods and Services Tax : The Supreme Court issues notice on a plea challenging GST notifications extending limitation for adjudication under Section 73 of ...

February 25, 2025 3906 Views 0 comment Print

Calcutta HC Declines Writ Petition, Cites Appeal Mechanism Under Section 107 CGST Act

Goods and Services Tax : Calcutta High Court dismissed a plea challenging an SCN under the CGST Act, citing availability of a statutory appeal remedy under...

February 22, 2025 39 Views 0 comment Print

Interest leviable on Ineligible ITC Transitioned from Pre-GST Regime; Penalty u/s 74(1) Set Aside

Goods and Services Tax : Assessee clarified that Form ST-3 was incorrect as some of the invoices inadvertently remained unaccounted for the said period and...

February 20, 2025 339 Views 0 comment Print

Summary Issuance of SCN Not Considered Proper Under Section 73 of CGST Act

Goods and Services Tax : Gauhati High Court held that issuance of summary of the Show Cause Notice [SCN] doesn’t dispense with requirement of issuance of...

February 17, 2025 441 Views 0 comment Print


Latest Notifications


Clarification on Separate Sections 73 & 74 GST Notices to Same Taxpayer

Goods and Services Tax : Kerala SGST issues guidelines on issuing separate notices for Sections 73 and 74. Ensures clarity and uniformity in handling GST d...

January 20, 2025 6630 Views 0 comment Print


Wireline logging, perforation and mechanical job service is classifiable under mining service

July 13, 2023 468 Views 0 comment Print

CESTAT Delhi held that service of wireline logging, perforation and other mechanical job is covered under mining service only with effect from 01.06.2007. Accordingly, such services cannot be classified under ‘technical testing and analysis’ and taxed prior to 01.06.2007.

Service tax duly payable by sub-contractor even if main contractor discharged tax liability

July 13, 2023 789 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay service tax on ‘Erection, Commissioning and Installation service’ even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub­contractor.

Extended period not invocable in absence of suppression of facts with an intent to evade payment of service tax

July 9, 2023 2772 Views 0 comment Print

CESTAT Delhi held that extended period of limitation cannot be invoked in absence of suppression of facts with an intent to evade payment of service tax. Here, it was merely suppression of facts but intent to evade payment of service tax was absent.

Invocation of extended period not justified as there was no wilful suppression of facts

July 9, 2023 726 Views 0 comment Print

CESTAT Chennai held that as the demand was raised on the basis of the books of accounts which was not hidden from the department, there was no wilful suppression or mis-statement of facts with intent to evade tax and hence invocation of extended period not justified.

Non-filing of ST-3 returns for long period confirms intent to evade tax hence extended period invocable

July 7, 2023 705 Views 0 comment Print

CESTAT Chennai held that invocation of extended period of limitation justified as non-filing of ST-3 returns for such a long period i.e., from March 2006 to March 2010 will make the intent to evade tax obvious.

Arbitrage/jobbing transaction is excluded from purview of speculative transaction u/s 43(5)

July 5, 2023 1041 Views 0 comment Print

ITAT Chennai held that provisions of section 73 doesnot apply in view of specific exclusions of the arbitrage/jobbing transactions from the purview of speculative transaction u/s 43(5) of the Income Tax Act.

Prior period demand not maintainable as ‘Information Technology Software Service’ effective from 16.05.2008

July 1, 2023 360 Views 0 comment Print

CESTAT Ahmedabad held that as ‘information technology software service’ was implemented w.e.f. 16.05.2008 the same cannot be held taxable prior to that date. Hence, demand for the period prior to 16.05.2008 is not maintainable.

Payment made for independent activity of tolerating an act constitutes supply

June 15, 2023 516 Views 0 comment Print

CESTAT Delhi held that unless payment has been made for an independent activity of tolerating an act under an independent arrangement entered into for such activity or tolerating an act, such payment will not constitute ‘consideration’ and such activities will not constitute ‘supply’.

SVLDRS doesn’t exclude taxpayers against whom investigation is not concluded

May 31, 2023 1377 Views 0 comment Print

Delhi High Court held that rejection of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) on ground that investigation has not been concluded is unsustainable as SVLDRS doesn’t exclude taxpayers in respect of whom investigation is not concluded.

Deposit insurance activity of DICGC falls within ambit of ‘General Insurance Business’

May 10, 2023 1116 Views 0 comment Print

CESTAT Mumbai held that the deposit insurance activity of Deposit Insurance and Credit Guarantee Corporation, Mumbai (DICGC) falls within the ambit of section 65(105)(d) of the Finance Act, 1994 and is chargeable to Service Tax under “General Insurance Business”.

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