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Case-Laws – GST – Highlights – The transfer of title of goods by the Applicant to its customers or multiple transfers within the Free Trade Warehousing Zone (FTWZ) gets covered under para 8(a) of Schedule III of the CGST Act, 2017, and remains non-taxable. The Applicant is not required to reverse any ITC of common inputs/input services/capital goods, even when the activity/transaction is covered under para 8(a) of Schedule III of the CGST Act, 2017, as the value of exempt supplies relates only to supplies from 'Duty Free Shops' at arrival terminals in international airports to incoming passengers. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The GAAR held that specially designed transformers for WOEG performing dual step-down and step-up functions, supplied by the appellant along with WOEG, cannot be treated as part of WOEG. This is based on CBIC's circular excluding transformers from WOEG parts as per Ministry of New and Renewable Energy's clarification. The appellant's reliance on popular meaning/common parlance principle and Enercon India Ltd's case was rejected as legally untenable. Consequently, such transformers are ineligible for exemption under Sr. No. 234 and 201A of Notification No. 1/2017-CT (Rate). The appeal was dismissed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – HC quashed impugned order of demand of tax and penalty under GST for lack of merits. Order passed without prior notice violating natural justice. Penalty amount paid allowed to be adjusted towards petitioner's tax liability in regular returns. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC held that the petitioner was providing export of services to its US parent company, not intermediary services. The petitioner assisted the parent in business consultancy by setting up meetings with experts/clients and providing advisory services. The payment terms showed the petitioner earned 8% markup, operating independently. Following Ernst & Young, since the recipient was outside India, the services qualified as export u/s 2(6) IGST Act. The HC set aside the orders treating it as intermediary service and directed processing of the refund claim as export of services filed within limitation. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The Kerala HC held that provisional release of goods is permissible u/s 67(6) of the GST Act even after initiation of proceedings u/s 130. The adjudication can proceed even if goods are released pending adjudication. Section 130(7) provides an option to pay fine in lieu of confiscation after adjudication, protecting revenue interest. Provisional release does not result in loss of absolute custody by the Department over seized goods as it retains constructive custody. The object is to secure the value of goods liable for confiscation, not confiscation itself. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC granted time to the respondents to file a reply challenging the circular dated 27.10.2023 and the petitioner's contention that providing a corporate guarantee by a holding company to its subsidiary does not constitute a “supply” or “supply of service” taxable u/s 9 of the CGST Act, 2017. The HC stayed the operation of the impugned circular dated 27.10.2023 regarding Item No. 2 until further orders. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC held that the detention of petitioner's goods was unjustified as authorities failed to prove intent to evade tax payment, a mandatory requirement u/s 129(3) of the GST Act. The authorities seized the goods alleging they were mustard oil instead of R.B. Oil mentioned in documents, but did not draw samples or obtain expert reports to substantiate their claim. Without expert evidence contradicting the petitioner's documents, the authorities' view cannot be sustained. The HC concluded the proceedings initiated u/s 129(3) were vitiated due to lack of finding on intent to evade tax payment. The petition was allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Petitioner's registration cancelled for non-filing GST returns for six months without notice – violation of natural justice principles. HC held cancellation order passed on different ground of non-compliance with Rule 21A(2A) without notice to petitioner – grossly violating natural justice. Appellate order not on merits, hence doctrine of merger inapplicable. Cancellation order unsustainable, petition allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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GST Dated:- 10-1-2025 PTI – News – Snag in system: Govt extends monthly GST return, payment deadline Dated:- 10-1-2025 – New Delhi, Jan 10 (PTI) The government on Friday extended the deadline for filing monthly GST sales return form GSTR-1 and GST payment by 2 days after taxpayers reported technical glitches in the GSTN system. As per a notification by the Central Board of Indirect Taxes and Customs (CBIC), the last date for filing GSTR-1 for December is January 13, while that for taxpayers opting for quarterly payment under the QRMP scheme for the October-December period will be January 15. Normally, the last date for filing GSTR-1 for monthly return filers is January 11, while for quarterly taxpayers it is January 13. The deadline for G

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GST Dated:- 10-1-2025 PTI – News – GSTN seeks extension of GSTR-1 filing deadline as technical snag hits system Dated:- 10-1-2025 – New Delhi, Jan 10 (PTI) GST Network on Friday said it has sent an incident report to the Central Board of Indirect Taxes and Customs (CBIC) on the technical glitches in the system and requested an extension of the filing date of GST sales return or GSTR-1. “GST portal is currently experiencing technical issues and is under maintenance. We expect the portal to be o

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GST Dated:- 10-1-2025 PTI – News – SC stays GST notices worth over Rs 1 lakh crore against online gaming firms for tax fraud Dated:- 10-1-2025 – New Delhi, Jan 10 (PTI) The Supreme Court on Friday stayed showcause notices issued by GST authorities worth over Rs 1 lakh crore to online gaming companies and casinos over alleged tax evasion. A bench of Justices J B Pardiwala and R Mahadevan said the matters required hearing and all proceedings against the gaming companies should remain stayed in the meantime. Additional solicitor general N Venkataraman, representing the GST department, said some showcause notices would come to an end in February. The matter was posted on March 18. GST authorities in October 2023 issued showcause notices to on

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Case-Laws – GST – Highlights – The HC held that service of notice by uploading on web portal alone without resorting to other prescribed modes u/s 169 of Tamil Nadu GST Act 2017 is not valid compliance. Section 169 mandates service by registered post/email, and only on failure can notice be uploaded on portal. Uploading notice solely on portal without attempting other modes is insufficient. The impugned assessment orders were set aside by the HC for non-compliance with mandatory notice requirements. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – ITC of GST paid on services for surrendering leasehold rights not eligible when construction activity not undertaken on leasehold land. SC in Safari Retreats laid down functionality test – if building qualifies as plant, ITC available for renting/leasing, else not available if for recipient's own use. Appellant did not construct on leasehold land acquired from GACL despite stating 99.85% utilization for plant/machinery. GST paid on surrendering leasehold rights ineligible for ITC. Appeal dismissed by AAAR. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – Excess stock found during survey cannot lead to proceedings u/s 130 of UPGST Act against registered dealer. As per HC, in cases of excess stock, tax determination proceedings u/ss 73 or 74 of UPGST Act are applicable instead of Section 130. Relying on precedent, HC quashed impugned orders initiating action u/s 130 for excess stock and allowed petition. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC held that the assignment/sale/transfer of leasehold rights by the lessee to a third party for a lump-sum consideration is a transfer of “immovable property” and not a supply of service under the GST Act. The leasehold rights encompass incorporeal ownership rights over the land and building, constituting “immovable property”. Consequently, such transactions are not subject to GST levy u/s 9(1) of the GST Act. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – HC held that currency is not “goods” under the Central Goods and Services Tax Act, 2017. Seizure of Rs. 23,50,000/- cash from petitioner was unlawful u/s 67. HC quashed seizure order and directed respondents to return seized amount along with applicable interest to petitioner expeditiously. Petition allowed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – HC dismissed appeal. Refusal justified to entertain writ petitions due to alternative statutory remedy u/s 107 of Tamil Nadu GST Act against order determining tax payable by proper officer u/s 74. Constitutional remedy under Article 226 available but HC rightly imposed self-restriction, directing appellant to exhaust statutory appeal first as matter of judicial discipline despite onerous condition of pre-deposit. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC held that u/s 74(1), the authority can issue a single notice calling upon the assessee to pay tax not paid, short paid, erroneously refunded, or where input tax credit was wrongly availed due to fraud, misstatement or suppression of facts, for any period, provided the notice is given at least 6 months prior to the time limit specified in Section 74(10). The petitioner's argument that separate notices should have been issued for each financial year was rejected. The petition challenging the show cause notice was dismissed, allowing the petitioner to raise all arguments before the concerned authority. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Case-Laws – GST – Highlights – The HC accepted the apology tendered by GST officers for the manner of arrest of Mr. Mishal J. Shah, Karta of the Petitioner HUF and Director of M/s. JMC Metals Private Limited, in relation to alleged fraudulent availment of input tax credit of approximately Rs. 9.54 crores by the company. The petition was disposed of after the officers' apology was accepted. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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GST Dated:- 9-1-2025 PTI – News – Congress spreading propaganda against GST: BJP Dated:- 9-1-2025 – New Delhi, Jan 9 (PTI) The BJP on Thursday accused the Congress of spreading propaganda against the GST as the opposition party is “rattled by the success” of the indirect tax regime. In a statement, BJP national spokesperson Syed Zafar Islam said, “The Congress is the biggest hindrance to the country's development. The party is rattled by the success of the GST because it no longer has any loopholes, depriving the Congress of corruption.” As a result, he claimed, the Congress has been attempting to tarnish the image of GST from the start. Congress president Mallikarjun Kharge on Thursday alleged that the Narendra Modi government has made t

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GST Dated:- 9-1-2025 PTI – News – 'Complicated' GST was brought to loot poor and middle class: Gujarat Cong chief Dated:- 9-1-2025 – New Delhi, Jan 9 (PTI) Criticising the GST introduced by the Narendra Modi government as “tax terrorism”, the Congress's Gujarat unit president Shakti Sinh Gohil on Thursday alleged the “complicated” tax regime was brought to “loot the poor and middle class”. Addressing a press conference here ahead of the assembly elections in Delhi, Gohil said the Goods and Services Tax (GST) slabs created by the government has put an unbearable burden on the poor, common people, salaried, working class, farmers, traders, small shop keepers, and even those travelling by autorickshaws. The Modi government, Gohil alleged, pr

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GST Dated:- 9-1-2025 PTI – News – Modi govt has made GST a means of 'looting' poor, middle class: Kharge Dated:- 9-1-2025 – New Delhi, Jan 9 (PTI): Congress president Mallikarjun Kharge on Thursday alleged that the Narendra Modi government has made the Goods and Services Tax (GST) a means of “looting” the hard-earned money of the poor and middle class and demanded that it end this “tax terrorism” and “loot” in the upcoming Union Budget. Kharge further alleged that nine types of rates make GST “complex and absurd” and not a “good and simple tax”. “Call it 'Gabbar Singh Tax' or 'Household Destruction Tax' or 'Give Sitharaman Tax'! Whatever name we call BJP's GST, one thing is certain the Modi government has made GST a means of looting the

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GST Dated:- 9-1-2025 PTI – News – GST collection increased 170% in 5 years, people hardly saw its benefits: Congress leader Khera Dated:- 9-1-2025 – Jaipur, Jan 9 (PTI) Congress leader Pawan Khera on Thursday said though the Income Tax and GST collection saw an increase of 240 per cent and 170 per cent in the last five years, their benefits have not trickled down to the people. He said the middle class and the poor have been hurt the most because of the Goods and Services Tax in the country. He said that the BJP led government at the Centre talks about 'One Nation-One Tax' but has three slabs of taxes on popcorn. “If you talk to any shopkeeper or customer in the whole country, they are troubled by the GST. The entire middle class, low inc

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er cent GST. There are a total of nine GST slabs and it is for the first time that equipment and tractors of the farmers have come under the GST ambit, he said. Khera also claimed that GST evasion which was Rs 1 lakh crore in 2022-23 doubled in the fiscal year 2023-24. Replying to a question on INDIA bloc, Khera said that the alliance fought the Lok Sabha election collectively and stopped Prime Minister Narendra Modi from having his dream of 420 seats fulfilled. “India alliance was a national level alliance and it is still there. States have different situations. In Punjab and Delhi, our units have decided to fight alone. So, it is not a matter to be perplexed,” he said. Khera also accused Modi of being cowardly, saying he did not call any

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GST Dated:- 9-1-2025 PTI – News – Rationalise GST slabs, provide relief to middle class, lower income groups: Cong leader Pilot Dated:- 9-1-2025 – Mumbai, Jan 9 (PTI) Ahead of the Union Budget, Congress general secretary Sachin Pilot on Thursday demanded that the Centre rationalise goods and services tax (GST) slabs and provide relief to the middle class and lower income groups. Addressing a press conference here, the former Union minister said the BJP-led NDA government should unveil GST 2.0 in the budget for fiscal year 2025-26 to be presented in Parliament on February 1. GST, a single tax on the supply of goods and services levied on every value addition, came into force on July 1, 2017, when the BJP was in power at the Centre. After s

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GST Dated:- 9-1-2025 – News – Implementation of mandatory mentioning of HSN codes in GSTR-1 & GSTR 1A Dated:- 9-1-2025 – After successful implementation of Phase-I Phase-II now Phase-III regarding Table 12 of GSTR-1 1A is being implemented, from return period January 2025. In this phase manual entry of HSN has been replaced by choosing correct HSN from given Drop down. Also, Table-12 has been bifurcated into two tabs namely B2B and B2C, to report these supplies separately. Further, validation

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