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Monthly GST Newsletter for November 2022

November 9, 2022 15081 Views 0 comment Print

Stay updated with the latest GST clarifications and amendments issued by the Government in November 2022. Know the compliance timelines and important updates.

10 Important New Amendments in GST w.e.f 1st October 2022

November 8, 2022 32103 Views 2 comments Print

Stay informed about the 10 important new amendments in GST from 1st October 2022. Learn about changes in ITC availment, filing of returns, and more.

SC set aside rule levying Property Tax on Vacant land based on Development Potential

November 8, 2022 7467 Views 0 comment Print

Municipal Corporation of Greater Mumbai & Ors. Vs Property Owners’ Association & Ors. (Supreme Court of India) The CJI bench of Supreme Court in this case was dealing with the levy of property tax in Greater Mumbai which had been changed from ratable value to capital value system by virtue of amendments made to the […]

Promissory estoppel against area-based exemptions – a conundrum of public interest

November 8, 2022 5094 Views 0 comment Print

Govt. of India (GOI- both Central and State) has consistently from time to time in the past has announced various investment-based incentives to promote economy, industrialization, and wealth distribution in industrially backward states under the Article 34 (c) of the Constitution of India (COI).

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8553 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

Saga of availability of Electronic Credit Ledger for Pre-deposit payment for appeal Filing

November 5, 2022 9546 Views 2 comments Print

Under GST law akin to Pre-GST regime, there is a requirement to pre-deposit specified percentage of tax in dispute before filing appeal with Appellate Authorities. However, the moot question which has been a bone of contention between the department & taxpayers is whether this pre-deposit is mandatorily to be paid from Electronic Cash Ledger or it can be paid from Electronic Credit Ledger (ECL).

IGST on Ocean Freight: Govt will not file Review Petition against SC judgment

November 4, 2022 4989 Views 0 comment Print

GST Department has decided that it will Not file Review Petition Against the Supreme Court Decision Against IGST Levy on Ocean Freight in Civil Appeal No. 1390 of 2022 filed by Union of India & Anr. Vs. M/s. Mohit Mineral Pvt. Ltd F. No. 275/11/2022-CX.8A Government of India Ministry of Finance Department of Revenue (Central […]

Haryana cancels GST registration of all non-filers of GSTR-3B till March 2021

November 4, 2022 6987 Views 0 comment Print

Excise and Taxation Department, Government of Haryana had identified a list of 373 active registered taxpayers of State jurisdiction who had not filed FORM GSTR-3B up till March 2021. These taxpayers were liable to be cancelled under the provisions of Section 29 of the HGST Act, 2017.

13 Reasons Why Anti-profiteering provisions under GST laws are unconstitutional

November 4, 2022 7743 Views 0 comment Print

Reason 1: Anti-profiteering provisions are Ultra vires of Article 246A of the Constitution Reason 2: Constitution of NAA is contrary to law. Reason 3: Anti-profiteering provisions are ultra vires to Articles 14 and 19(1)(g) of the Constitution

Cash Deposit & withdrawals of equal amounts – ITAT allows telescoping benefit

November 4, 2022 9276 Views 0 comment Print

AO made additions on ground that cash deposited in bank account was more than total turnover declared by assessee, since assessee furnished bank statements which showed that there were deposits and withdrawals of almost equal amounts and AO failed to give any findings regarding said withdrawals, assessee deserved to get benefit of telescoping and thus, addition was unjustified

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