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Tax evasion allegations: GST fraud probe, parallel proceedings allowed.
Case-Laws
GST
Validity of show cause notice u/s 74(1) of CGST Act, 2017 and Section 20 of IGST Act, 2017 for tax evasion and concealment. Parallel proceedings by DGGI, Haryana GST Intelligence Unit, and Assistant Commissioner, CGST. Petitioner alleged excess ITC availed but not reflected in GSTR-2A, indicating wrongful availment. Court held issuance of notice u/s 73 and dropping it does not prevent proceedings u/s 7

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Bail Granted to Accused in GST Evasion Case for Rs. 8.90 Crore; Court Considers Partial Payment and Personal Liberty.
Case-Laws
GST
The court granted regular bail to the accused in a case involving evasion of GST u/ss 132(1)(d) etc. of the Central Goods and Services Tax Act, 2017. The allegations were that the accused caused a loss of Rs. 8.90 crore, collected as GST from various firms but not deposited with the government. The accused had already deposited Rs. 60 lakh and expressed wil

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Barring of GST Return on expiry of three years
GST
Dated:- 29-10-2024

As per the Finance Act, 2023 (8 of 2023), dt. 31-03-2023, implemented w.e.f 01-10-2023 vide Notification No. 28/2023 – Central Tax dated 31th July, 2023, the taxpayers shall not be allowed file their GST returns after the expiry of a period of three years from the due date of furnishing the said return under Section 37 ( Outward Supply), Section 39 (payment of liability), Section 44 ( Annual Return) and Section 5

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Vouchers as Movable Property: GST Applied to Trading and Facilitation of Vouchers as Goods and Services.
Case-Laws
GST
Vouchers are instruments representing value that facilitate supply of goods or services. They qualify as movable property and constitute 'goods' under GST laws. Trading in vouchers for consideration amounts to supply of goods u/s 7(1)(a) of CGST Act. When vouchers represent right to receive goods/services at future date without physical exchange, trading activity involv

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Failed prosecution against company MD for alleged tax evasion; no active role found. Court allows probe sans coercive steps for 6 weeks.
Case-Laws
GST
Petition challenging initiation of criminal proceedings against petitioner, Managing Director of a company, for alleged tax evasion by misrepresenting vehicle ownership to evade motor vehicle tax. Court observed petitioner not directly involved in alleged forgery or alteration of documents by educational society. Petitioner having fixed a

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Bail Denied in Major Economic Crime Case Involving Fraud, Money Laundering, and Fake Firm Registrations.
Case-Laws
GST
Economic offences involving large-scale fraud, money laundering, and corruption are viewed seriously as they impact the economic fabric of society. Bail may be denied in such cases, especially if the accused holds a position of influence or power. This case involves a money trail of crores resulting from the registration of fake firms using Aadhaar and PAN cards, affect

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Bail Denied in Fraud Case Involving Fake GST Firms and Unauthorized Use of PAN, Aadhaar; Economic Impact Cited.
Case-Laws
GST
Economic offenses involving large-scale fraud, money laundering, and corruption are viewed seriously as they affect the economic fabric of society. The present case relates to registration of fake GST firms using the informant's PAN and Aadhaar cards without consent, resulting in illegal profits through fund transfers to other accounts, creating a money trail of

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Secondment of employees and expats: No invoicing, no tax liability – Circular prevails.
Case-Laws
GST
In cases involving secondment of employees and placement of foreign expatriates to assist functions, the value ascribed to supply of goods and services is regulated by Rule 28 of Central Goods and Services Tax Rules, 2017. Despite payments made, no invoices were raised by entities for services provided by related foreign entities. The Circular's stance treating value as 'Nil' in such ca

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Lime with less than 98% calcium oxide/hydroxide classified under CTH 2522 20 00, taxable at 5% GST.
Case-Laws
GST
Slaked/hydrated lime containing less than 98% calcium oxide and calcium hydroxide is classifiable under CTH 2522 20 00 and taxable at 2.5% CGST and 2.5% SGST as per entry Sl. No. 131 of Schedule I of Notification No. 1/2017-C.T. (Rate), dated 28-6-2017 as amended. This ruling is based on the clarification from the All India Lime Manufacturers Association and laboratory analy

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Advance ruling appeal dismissed due to insufficient fee deposit.
Case-Laws
GST
The appellant was required to deposit a total fee of Rs. 20,000/- (Rs. 10,000/- CGST and Rs. 10,000/- HGST) as a statutory precondition for filing an appeal against the order of the Authority for Advance Ruling, Haryana. However, the appellant paid only Rs. 10,000/- (Rs. 5000/- CGST and Rs. 5000/- HGST), which is not the required fee. Consequently, the Appellate Authority for Advance Ruling held that the appe

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Clarification on Margin Scheme: Scrap vs. Second-Hand Goods Under CGST Rules for Tax Treatment of Metal and Battery Scrap.
Case-Laws
GST
Determining whether certain goods, specifically old used iron scrap, used lead acid batteries, old used aluminum utensils and other aluminum scrap, old used brass utensils and other scrap, used old steel utensils scrap, old used scrap of copper, used waste plastic bags and used plastic PET bottles, qualify for the margin scheme u/r 32(5) of the CGST Ru

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Ruling voided for non-disclosure of ongoing proceedings on same issue.
Case-Laws
GST
The applicant had suppressed material facts from the Authority for Advance Ruling by mis-declaring that the issue was not pending in any other proceedings, when in fact, proceedings on the same issue had already commenced by the DGGI. Upon being informed of this by the Appellant, the Authority for Advance Ruling declared the Ruling void ab initio u/s 104 of the Act. Consequently, the appeal filed by the

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Fat-laden food product classified as vegetable oil preparation, not margarine. Attracts 5% GST rate.
Case-Laws
GST
The food product containing 22.94% fat cannot be classified as Margarine under chapter heading 1517 10 as per Food Safety and Standards Regulations, 2011 which requires fat content not less than 80% mass/mass for Margarine. The product is a preparation of vegetable fat specifically covered under 1517 90 90, not under residuary chapter heading 2106. Since it is a preparation

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High Court Challenges GST Registration Cancellation for Late Filings; Urges Better Support for Small Traders.
Case-Laws
GST
The High Court addressed the issue of cancellation of GST registration due to non-filing of returns and the rejection of an appeal on the ground of time limitation. The respondent claimed that the statute prescribes a specific limitation period of 90 days to file an appeal, and the petitioner's appeal was time-barred. The Court held that no useful purpose would be

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Retrospective amendment on time limit for GST appeals clarified; Gujarat & Karnataka HCs applied it. Delayed appeal rejection quashed.
Case-Laws
GST
Amendment to Rule 108(3) of Central Goods and Services Tax Rules, 2017 regarding time limitation for filing appeals u/s 107 is clarificatory in nature with retrospective effect. Gujarat and Karnataka High Courts have considered retrospective application. Impugned order rejecting appeal on grounds of delay quashed, matter remitted to appella

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Chemicals like soda ash, epsom salt taxed at 8%, not covered under dyes/chemicals entry.
Case-Laws
GST
Sodium Bicarbonate (Soda Ash) and Magnesium Sulphate (Epsom Salt) are not enumerated in Entry-9 of the VI Schedule, which covers dyes and chemicals. A Government Order directs a levy of 8% sales tax on all chemicals not covered under Entry-9. In a similar case, the erstwhile High Court of Judicature, Andhra Pradesh held that any chemical not enumerated in Entry-9 would fall under the G

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Court Overturns Tax Order Due to Lack of Notice Visibility, Grants Petitioner Benefit of Doubt.
Case-Laws
GST
The court allowed the writ petition filed by the petitioner, quashing the impugned order dated 23.04.2024 passed by the Assistant Commissioner, State Tax, Sector-16, Kanpur Nagar. The petitioner was unaware of the issuance of the reminder and the passing of the orders, and could not appear before the authority or question the validity of the orders within the limitation period.

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Uttar Pradesh GST order quashed for denying personal hearing, violating natural justice.
Case-Laws
GST
Order challenged u/s 74(9) of the Uttar Pradesh Goods and Services Tax Act, 2017 quashed due to denial of opportunity for personal hearing, violating principles of natural justice. Relying on coordinate Bench judgment in Mahaveer Trading Company case, where impugned order was held unsustainable for being passed in gross violation of fundamental principles of natural justice. Factual ma

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Tax evasion suspected due to excess stock found in survey, proceedings initiated under GST Act sections 73/74.
Case-Laws
GST
Excess stock found during survey triggers proceedings u/ss 73/74 of the GST Act, not Section 130. The authority noted excess stock by eye estimation without physical verification or video recording. The High Court held that if excess stock is found, proceedings u/ss 73/74 should be initiated, not Section 130 read with Rule 120. The impugned orders initiating proce

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High Court dismisses writ against tax order due to failure to file appeal within time limit.
Case-Laws
GST
The High Court dismissed the writ petition filed by the petitioner challenging the validity of the order determining the amount of tax u/s 74 of the U.P. G.S.T. Act, 2016. The court observed that a coordinate bench had previously directed the petitioner to avail the remedy of appeal within the limitation period from the date of the order. However, the petitioner failed to file the

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Penalty quashed for GST violation due to denial of natural justice by ignoring hearing request.
Case-Laws
GST
Order quashing penalty levied u/s 130 of GST Act due to violation of principles of natural justice. Authority failed to address petitioner's request for personal hearing beyond specified date, thereby passing order without considering petitioner's prayer. Once a request for alternate hearing date was made, authority was obligated to either grant or decline it explicitly. Failure

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Appellate authority denied fair hearing by dismissing appeal for signatory defect without allowing rectification.
Case-Laws
GST
Appellate authority erred in dismissing appeal solely on ground of lack of authorisation of signatory, without affording opportunity to establish authorisation or provide resolution conferring necessary powers. Such denial violates principles of natural justice, fair play, and unduly burdens court's docket. Impugned order set aside, appeal restored for fresh co

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Company under insolvency gets respite on GST registration cancellation to revive biz.
Case-Laws
GST
GST registration cancellation due to non-filing of returns and non-payment of taxes. Considering the company underwent CIRP process under Insolvency and Bankruptcy Code, leeway granted to revive business. Petitioner directed to file application for revocation of registration cancellation by specific date, accompanied by draft returns proposed for filing upon restoration. Writ petition dis

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GST 1.5% on affordable, 7.5% non-affordable apartments. Commercial 18%. Construction ITC restricted except plant & machinery.
Case-Laws
GST
GST rates on supply of affordable and non-affordable residential apartments in a real estate project (REP) are 1.5% and 7.5% respectively, while commercial apartments attract 18% GST. A promoter can supply affordable and non-affordable apartments conjointly, subject to prescribed conditions. For construction of commercial apartments in a REP other t

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Marriage hall construction: ITC denial under CGST for materials, machinery.
Case-Laws
GST
Application for advance ruling rejected as questions raised were already pending in show cause notice proceedings under CGST/KGST Act. First proviso to Section 98(2) bars admission of application where issue is already pending or decided in applicant's case under CGST Act provisions. Input tax credit admissibility on construction materials for Marriage/Convention hall and inward supplies like DG se

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