Author: admin_gst

Case-Laws – GST – Highlights – HC allowed the petition. It held that non-granting of opportunity to cross-examine witnesses whose statements were relied upon by the Adjudicating Authority to impose penalty u/s 74(9) of the CGST Act violated principles of natural justice. The HC observed that Section 107(11) of the Act does not empower the Appellate Authority to remand the case for such violations, necessitating invoking writ jurisdiction under Article 226 of the Constitution. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC dismissed the writ petition challenging the order issued u/s 74 of the Central Goods and Services Tax Act, 2017. The HC held that the correctness of reasons for invoking Section 74 cannot be examined in a writ proceeding as those involve disputed facts. The appropriate remedy against an order u/s 74 is to prefer an appeal u/s 107 of the Act. The HC refused to exercise writ jurisdiction despite reliance on an instruction indicating Section 74 proceedings can be invoked only in case of fraud, willful misstatement or suppression of facts to evade tax. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – Petitioner challenged SCN alleging conspiracy to issue fake invoices without actual supply using another entity's GST registration for tax evasion. HC held petitioner has remedy to file objection for adjudication on merits. Mere assertion of lack of jurisdiction or abuse of process insufficient for invoking Article 226. When factual adjudication required, Article 226 interference ruled out as held in UOI v. Vicco Labs. Petitioner's reasons agitable before adjudicating authority itself. No grounds to entertain petition under Article 226. Petitioner relegated to pursue statutory remedies. Petition dismissed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – Section 129 of CGST Act constitutes statutory penalty provision overriding others, but cannot override Section 126 principles of moderation for minor breaches. HC held non-obstante clause in Section 129 cannot annihilate Section 126 rules for considering penalty levy. Section 126(6) excludes fixed sum/percentage penalties, distinguishing discretionary penalties. Authorities must differentiate trivial breaches like incomplete e-way bills without tax evasion intent from serious contraventions. Confiscation u/s 130 at initial stage without evasion evidence unjustified. Fair reasoned approach essential to avoid unnecessary detention. Penalty levy guided by Section 126 embodying moderation, restraint and reasonableness principles. Petition disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Dated:- 20-1-2025 – News – 24 Companies selected under PLI Scheme for White Goods (ACs and LED Lights) with committed investment of Rs. 3,516 crore in Third Round. Dated:- 20-1-2025 – 18 new companies committed investments of Rs. 2,299 crore and 6 existing PLI beneficiary committed additional investment of Rs. 1,217 crore 15 AC Companies to invest Rs. 3,260 crore, 9 LED Companies to invest Rs. 256 crore Total of 84 companies under the PLI Scheme for White Goods (ACs and LED Lights) are set to bring investments of Rs 10,478 crore, resulting in production worth Rs 1,72,663 crore during the Scheme period With a total of 24 beneficiaries committing investment of Rs 3,516 crore in the third round, the PLI Scheme is poised to significantly boost the production of Components of ACs LED Lights across India. In the third round of the on-line application window of the Production-Linked Incentive (PLI) Scheme , a total of 38 applications were received. After reviewing these applications, t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

like, compressors, copper tubes (plain and/or grooved control assemblies for IDU or ODU, Heat Exchangers and BLDC motors among others. Similarly, for LED Lights, LED Chip packaging, LED Drivers, LED Engines, LED Light Management Systems and Metallized films for capacitors etc. will be manufactured in India. The Union Cabinet had given approval to the Production-Linked Incentive (PLI) Scheme for White Goods (Air Conditioners and LED lights) to be implemented over FY 2021-22 to FY 2028-29 with an outlay of Rs 6,238 Crore on 7th April 2021. The Scheme was notified by DPIIT on 16.04.2021. The PLI Scheme on White Goods is designed to create a robust component ecosystem for Air Conditioners and LED Lights Industry in India and make India an integral part of the global supply chains. The Scheme extends an incentive of 6% to 4% on reducing basis on incremental sales for a period of five (5) years subsequent to the base year and one year of gestation period. Domestic Value Addition is expected

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Steel Service Center India Private Limited (Earlier Known As Sumikin Bussan Steel Services Centre India Pvt.Ltd) 1. Sheet Metal components 66.15 7 Clad Metal India Private Limited 1. Control Assemblies for IDU or ODU or Remotes 2. Valves Brass components 3. Heat exchangers 4. Sheet Metal components 50.03 8 Malhotra Electronics Private Limited 1. Control Assemblies for IDU or ODU or Remotes 2. Cross Flow Fan 3. Heat Exchangers 4. Sheet Metal components 5. Plastic Moulding components 6. Display Panels (LCD/LED) 50.00 9 MIRC Electronics Limited 1. Control Assemblies for IDU or ODU or Remotes 2. Motors 3. Cross Flow Fan (CFF) 4. Valves Brass components 5. Heat exchangers 6. Sheet Metal components 7. Plastic Moulding components 8. Display Panels (LCD/LED) 51.50 10 Smile Electronics Limited 1. Control Assemblies for IDU or ODU or Remotes 2. Motors 3. Cross Flow Fan (CFF) 4. Valves Brass components 5. Heat exchangers 6. Sheet Metal components 7. Plastic Moulding components 8. Display Panels (

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Clad PCBs 5. LED Light Management System 6. LED Transformers 51.50 8 Hella India Automotive Private Limited 1. LED Drivers 17.84 Total 239.82 Existing Applicants moving to higher category (Rs. in cr.) S.No Applicant Name Eligible Products Gestation period (FY) Existing Committed Investment Revised Committed Investment Addl. Commitment Investment AC(Components) 1 Hindalco Industries Limited 1. Aluminum Stock for Foils or Fins for heat exchangers 2. Copper Tube (plain and/or grooved) 2021-23 539 899 360.00 2 LG Electronics India Private Limited 1. Compressor 2. Heat exchangers 3 Control Assemblies for IDU or ODU or Remotes 4 Motors 5 Plastic Moulding Components 2021-23 300 733 433.00 3 Mettube Copper India Pvt Ltd Copper Tube (plain and/or grooved) 2021-23 300.21 328.08 27.87 4 Blue Star Climatech Limited 1. Control Assemblies for IDU or ODU or Remotes , 2. Heat exchangers 3.Sheet Metal components 2021-23 156 336 180.00 5 Voltas Limited 1. Control Assemblies for IDU or ODU or Remotes 2.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

l Assemblies for IDU or ODU or Remotes 2. Motors 50.20 5 Star Eltech Manufacturing India Private Ltd 1.Cross Flow Fan (CFF) 2.Control Assemblies for IDU or ODU or Remotes 3.Heat exchangers 4.Sheet Metal components 5.Plastic Moulding components 67.40 Total 369.32 (ii) LED Lights (Gestation Period FY 2021-23) S.no Applicant Name Eligible Products Committed Investment (Rs. in cr.) 1 Calcom Kadapa Private Limited 1. LED Driver 2. LED Modules 3. LED Engines 4. Mechanicals- Housing 5. LED Light Management System 6. Heat Sinks 7.Diffusers 101 2 Sheetal Electrotech Private Limited 1. LED Driver 2. LED Modules 3. Mechanical Housing 4. Diffusers 5. LED Light Management System 10.20 3 Prakash Elcomp Manufacturing Pvt Ltd 1. Resistors 2. Wire Wound Inductors 3.Capacitors 4. Printed Circuit Boards (PCB) including Metal Clad PCBs 5. LED Chips 22 4 Larica Led Products Private Limited 1.Printed Circuit Boards (PCB) including Metal Clad PCBs 2.Mechanicals- Housing 3.LED Drivers 10 5 Silver Consumer Ele

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC allowed the petition and extended the benefit granted in Suguna Cutpiece Center case to the petitioner. The petitioner's registration cancellation u/s 29(2) of CGST Act for non-filing statutory returns for six months was set aside. The petitioner was directed to file pending returns, pay defaulted tax with interest and belated filing fees within 45 days. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – ITC disallowed for late filing u/s 16(4) of GST Acts. HC set aside order, directing reassessment considering amendment. Petitioner allowed to file objections within 3 weeks and avail personal hearing. For other issues, impugned order upheld. Petition disposed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC held that the appellant's case has to be accepted and necessary rectification has to be done. Due to discrepancies in data migration from the Legacy ACES Application to the new Integrated ACES-GST Application, the appellant's tax liabilities were affected as PART B of the revised return was not duly populated. The impugned order was set aside with a direction to the authorities to make the necessary correction in the Portal and issue a revised order accepting the appellant's stand. The appeal was allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – Petitioner, a central public sector undertaking, challenged rejection of its appeal by appellate authority solely on grounds of delay without considering merits. HC quashed appellate order as perverse for mechanically dismissing condonation application without adequately considering petitioner's lack of knowledge about impugned order's issuance. Relying on precedent, HC condoned delay, exercising power u/s 107(4) of the Act, rendering remand to appellate authority unnecessary. Petition disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Dated:- 18-1-2025 PTI – News – Delhi court grants bail to eight in GST refund fraud case Dated:- 18-1-2025 – New Delhi, Jan 18 (PTI) A Delhi court has granted bail to eight persons in a case of alleged fraudulent GST refunds, saying they are poor persons who are languishing in custody. According to prosecution, the scam involved around 500 non-existent firms claiming bogus GST refunds worth approximately Rs 54 crore between July 1, 2017 and Aug 26, 2021. Special Judge Ashish Aggarwal granted the relief to Imran, Akram Ali, Hanzala, Intezar, Ankur Saluja, Parmod Kumar, Manoj Goyal and Manoj Kumar in an order passed on January 14. The judge noted that there was sufficient indication about involvement of other accused persons, including

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

News – GST – Highlights – The Arunachal Pradesh cabinet granted SGST reimbursement concessions to the 700-MW Tato II HEP and 1,720-MW Kamala HEP to enhance financial viability. These joint venture projects with CPSUs, entailing Rs. 35,000 crore investment, will generate Rs. 470 crore annual free power and Rs. 79 crore local area development funds. The cabinet approved a policy for restoring terminated large hydropower projects, recommended a 100-seat medical college and 420-bed hospital in Namsai under PPP mode, upgraded 20 junior engineer posts, created 36 posts in the land management department, and approved 32 teaching/non-teaching posts for the Tezu engineering college. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC held that the regulatory fees collected by the Central Electricity Regulatory Commission (CERC) and Delhi Electricity Regulatory Commission (DERC) are not subject to GST. The regulatory functions discharged by these Commissions do not constitute 'supply' under the CGST Act as they are neither supply of goods nor services. Their role is quasi-judicial, regulating and administering electricity distribution, which is a natural resource vesting in the State. The fees received cannot be considered 'consideration' in the course of furtherance of 'business' u/ss 2(17) and 7 of the CGST Act. The regulatory and adjudicatory functions are not distinct under the Electricity Act. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – Seizure of documents, books, laptops, CPUs, mobile phones permissible u/s 67(2) CGST Act but must be returned within 30 days of issuing notice as per Section 67(3) unless required for proceedings. HC directed Commissioner to provide copies of seized data to petitioners and examine providing additional hard disks for data copy. Matter listed for further hearing. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC held that while writ petitions under Article 226 are ordinarily not maintainable if statutory remedy is available, exceptions exist for violation of natural justice principles. Failure to grant personal hearing to the petitioner before cancellation of CGST registration violated Section 75(4) of the GST Act and natural justice. Consequently, the impugned order cancelling petitioner's registration was set aside by the HC. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC set aside the non-speaking order of the respondent and remitted the matter back for fresh consideration of the demand in the show cause notice and the petitioner's reply. The respondent failed to consider the petitioner's reconciliation report which showed excess credit of Rs. 1,40,684/- after adjusting IGST, CGST and SGST, violating principles of natural justice. The impugned order did not provide reasons for rejecting the petitioner's explanation. The petition was allowed by way of remand. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC held that the petitioner is entitled to reimbursement of the additional GST amount and interest on delayed payments. The writ petition was maintainable despite the presence of an arbitration clause, relying on the Division Bench's order in M/S APEX STRUCTURE PVT. LTD. case, wherein the respondent was directed to pay the difference of GST amount with interest within a specified period, failing which interest would accrue. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – HC held Section 6(1) CGST Act provides inherent cross-empowerment of State/UT GST officers as proper officers under CGST Act, without need for notification unless conditions imposed. Statutory mandate presently unqualified, subject to Government specifying conditions on Council's recommendation through notification. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – Procedural irregularities without fraudulent intent do not warrant harsh penalties u/s 129 of GST enactments. HC quashed impugned order due to procedural nature of irregularities and absence of fraudulent intent. Petitioner's failure to register additional place of business and generation of E-way bill and invoices after detention considered technical and venial breach. Unless variance between invoice, E-way bill quantities and actual seizure, penalty u/s 129(3) of CGST Act harsh under facts. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC held that the GST amount paid on an advance for a contract that was later rescinded due to non-performance by the supplier must be refunded. The levy of tax is on the transaction; if the transaction fails, what is paid in advance needs to be refunded. The HC directed the appellant to refund the GST amount to the respondent-assessee within eight weeks. The appeal was dismissed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Circulars – GST – Highlights – The Hon'ble Delhi High Court held that grounds of arrest must be communicated in writing to the arrested person, relying on Supreme Court judgments. It distinguished between 'reasons for arrest' and 'grounds of arrest'. 'Grounds of arrest' require details necessitating the accused's arrest to provide opportunity for defending against custodial remand and seeking bail. Instruction amended to mandate furnishing grounds of arrest in writing as annexure to arrest memo and taking acknowledgment. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

News – GST – Highlights – Draft GSTR 2B for December 2024 will be generated on 16th January 2025 due to extended due dates for filing GSTR-1 and GSTR-3B returns for December 2024 quarter as per Notifications No. 01/2025 and 02/2025 dated 10th January 2025 in accordance with rule 60 of CGST Rules, 2017. Taxpayers can recompute Draft GSTR-2B if any action is taken in IMS after generation. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

News – GST – Highlights – Taxpayers can file applications under the waiver scheme using Forms GST SPL 01 and GST SPL 02 on the GST portal. To be eligible, appeals against the demand order/notice/statement must be withdrawn. For appeals filed before 21.03.2023, taxpayers must request withdrawal from the Appellate Authority, which will forward it to GSTN. Difficulties can be reported by raising a ticket under “Issues related to Waiver Scheme” on https://selfservice.gstsystem.in. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST Dated:- 16-1-2025 PTI – News – Arunachal Pradesh cabinet nod to SGST relief for two hydropower projects Dated:- 16-1-2025 – Itanagar, Jan 16 (PTI) The Arunachal Pradesh cabinet approved SGST reimbursement concessions for two hydropower projects to enhance their financial viability, a statement said on Thursday. The state cabinet, chaired by Chief Minister Pema Khandu, in its first meeting of the year on Wednesday granted State GST (SGST) relief to the 700-mw Tato II Hydroelectric Project on the Siyom river in the Shi Yomi district and the 1,720-mw Kamala HEP on Kamala river in the Kamle district. The projects will be implemented in joint ventures between the state government and CPSUs. The state government would hold a 26 per cent equ

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

hydropower projects that achieved substantial progress at the site. This will help facilitate a development-focused environment through timely project restoration and promote investments and employment opportunities, the statement said. The cabinet also decided to recommend to the Centre the proposal to set up a 100-seat medical college and a 420-bed hospital in Namsai under the aspirational district programme. The project is planned under the public-private partnership (PPP) mode and aims to bridge the gap in healthcare services and medical education in the region. The total project cost is Rs 375 crore, the statement said. The cabinet also approved the upgradation of 20 junior engineer (civil) posts in the hydropower development departme

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – The HC set aside the impugned order reversing input tax credit (ITC) on the premise of double taxation of same supplies. The respondent was granted liberty to examine if the supplies covered in the impugned order and the order dropping the proposal were identical. If found to be the same, the respondent can proceed in accordance with law after issuing fresh notice. The petition was disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Case-Laws – GST – Highlights – HC directs amendment of system to reflect corrected shipping bill details, process IGST refund claim within 8 weeks despite technical glitch preventing refund under Sec 16(3)(b) IGST Act read with Sec 54 GST Act for zero-rated exports. Petitioner's statutory entitlement to be honored. Petition disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =