Author: admin_gst

Case-Laws – GST – Highlights – This case pertains to a writ petition filed challenging an order dated 30.04.2024, wherein the petitioner has also filed an appeal before the Appellate Authority against the same order. The High Court held that since the petitioner has an alternative statutory remedy of appeal, the writ petition cannot be entertained. However, considering the initiation of recovery proceedings pursuant to the impugned order, the Court directed the respondent to defer the recovery proceedings until the disposal of the appeal filed by the petitioner dated 28.08.2024. The writ petition was disposed of accordingly, with the Court granting interim relief by staying the recovery proceedings pending the appeal. – 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 – Unreasoned orders passed u/s 73 of the Central/Delhi Goods & Services Tax Act, 2017 violated principles of natural justice. The impugned orders were set aside, and matters remanded for fresh consideration by the adjudicating authority. The authority was directed not to pass adverse orders without affording reasonable opportunity of hearing to petitioners. All rights and contentions of petitioners were reserved, allowing them to raise issues including those raised in the present petitions. The High Court disposed of the petitions. – 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 High Court held that the Central Board of Indirect Taxes and Customs (CBIC) cannot be directed to clarify the applicability of Goods and Services Tax (GST) on Battery Energy Storage Systems (BESS). GST is chargeable under the Central GST Act, State GST Act, and Integrated GST Act, and any contentious issue regarding its applicability must be resolved by referring to these statutes and rules. The statutes do not require CBIC to entertain queries from taxpayers or provide clarifications based on their queries. CBIC can issue orders, instructions, or directions for uniformity in implementation, but not clarifications on specific queries raised by taxpayers. The petition was dismissed as highly delayed, and any apprehensions about the terms and conditions should have been clarified during the Pre-Bid Meeting. – 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 – Principles of natural justice violated – no opportunity of hearing provided, order passed without assigning reasons for cancellation of registration. Cancellation order by Assessing Officer, appeal dismissed on limitation grounds. Coordinate Bench guidelines not followed, directing allowance of petitions solely on violation of natural justice grounds. Despite court directions, respondent authorities issued cryptic notices and cancellation orders without reasons. Petition partly allowed, quashing appellate authority and cancellation orders. Matter remanded to Assessing Officer show-cause notice stage, registration to remain suspended until disposal. Violation of court guidelines and principles of natural justice by respondent authorities in cancellation proceedings. – 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 – High Court held that since there was no intent to evade tax and the error in e-way bill was merely typographical, penalty imposed u/s 129(3) of CGST Act was unjustified. Impugned order quashed, directing authorities to release detained goods and vehicle within two weeks to petitioner. Petition 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 filed application seeking sanction of eligible refund amount along with applicable interest. Court held that respondent shall process petitioner's application within two weeks and refund applicable amount. Petitioner may be required to complete certain formalities and file application for receiving amount in cash, if found due, which petitioner must comply with. If petitioner is required to comply with any formalities, respondent shall intimate the same. Any delay in complying with formalities shall not impede petitioner's application for refund. 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 – Principles of natural justice violated due to non-issuance of notice regarding discrepancies as mandated by Rule 101(4) of Central Goods and Services Tax Rules, 2017. Discrepancies existed between audit report and demands raised. Petitioner asserted providing all requested documents, while respondents issued reminders for document submission. Petitioner sought direction for adjudicating authority to consider responses to show cause notices without influence from audit memo or report observations. Court directed adjudicating authority to independently examine petitioner's reply to impugned show cause notice and take decision regarding proposed demand, without implicitly relying on audit memo or report observations. 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

= = = = = = = =

Case-Laws – GST – Highlights – The petitioner claimed ineligible input tax credit on purchases from the supplier, Tvl. Bharat Marketing, during 2022-2023. The supplier was alleged to be a non-existent entity engaged in bill trading activities, as per an inspection report received from CBIC during a Special All India Drive targeting fake registrations and beneficiaries of bill trading. Consequently, the petitioner's ITC was blocked on 19.07.2024, and a show cause notice in Form GST DRC-01 was issued on 16.08.2024, with the summary uploaded on 21.08.2024. The petitioner approached the HC without responding to the show cause notice, which is a violation of procedural norms and principles of natural justice. The HC dismissed the petition, stating that the appropriate course of action would be for the petitioner to submit a response to the show cause notice before seeking judicial intervention. – 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

= = = = = = = =

Goods and Services Tax – GST Dated:- 17-9-2024 – News – 1. Vide Notification No. 14/2022 Central Tax dated 05th July, 2022 (read with circular 170/02/2022-GST, Dated 6th July,2022 ), the Government introduced certain changes in Table 4 of Form GSTR-3B regarding availment reversal of ITC along-with reporting of re-claimed and ineligible ITC. Accordingly, the re-claimable ITC earlier reversed in Table 4(B)2 may be subsequently claimed in Table 4(A)5 on fulfilment of necessary conditions and such reclaimed ITC also needs to be reported in Table 4D(1). 2. To facilitate the taxpayers in correct and accurate reporting of ITC reversal and reclaim thereof and to avoid clerical mistakes, a new ledger namely Electronic Credit Reversal and Re-claim

= = = = = = = =

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

= = = = = = = =

port opening balance are mentioned below. (i) The functionality to reporting the opening balance will be available from 15th September 2024 to 31st October 2024. (ii) The amendments in declared opening balance will be available till 30th November, 2024. (iii) Taxpayers having monthly filing frequency are required to report their opening balance considering the ITC reversal done till the return period of July 2023 only . As after this period balance is already available in ledger. (iv) Quarterly taxpayers shall report their opening balance up to Q1 of the financial year 2023-24, considering the ITC reversal made till the April-June 2023 return period only. As after this period balance is already available in ledger. 4. It may be noted that s

= = = = = = = =

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

= = = = = = = =

Circulars – GST – States – Highlights – This trade circular clarifies various issues related to taxability and valuation of supply of services involving corporate guarantees provided between related persons. Key points are: Corporate guarantees issued before 26.10.2023 will be valued as per pre-amended rules, while those issued/renewed after will follow the new sub-rule (2) of Rule 28. Valuation is based on the guaranteed amount, not the actual loan disbursed. For co-guarantors, GST is payable proportionately on 1% of respective guaranteed amounts. For intra-group guarantees, GST is payable under forward charge by the guarantor entity. For guarantees of fixed tenure, 1% of guaranteed amount per annum or actual consideration, whichever is higher, is the taxable value. The second proviso benefit of Rule 28(1) regarding declared invoice value is available for related party corporate guarantees too. The sub-rule (2) valuation doesn't apply for export of such services. – 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 – States – Highlights – Circular provides guidelines for recovery of outstanding dues when first appeal is disposed of before Appellate Tribunal becomes operational. Taxpayers unable to file appeal against appellate order can make pre-deposit payment through electronic liability register to avail stay on recovery proceedings. Taxpayers inadvertently paying through DRC-03 can file DRC-03A for adjustment against pre-deposit requirement. Till DRC-03A functionality is available, proper officers instructed not to insist on recovery if intimated about inadvertent DRC-03 payment. Clarifies procedure for appealing, making pre-deposit payments, and availing stay on recovery to ensure uniformity across field formations. – 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 – States – Highlights – This circular prescribes the mechanism for refund of additional Integrated Tax (IGST) paid by exporters on account of upward revision in price of exported goods subsequent to exports. Exporters can file refund application in FORM GST RFD-01 electronically on the common portal, which will be processed by the jurisdictional GST officer. Required documents include copy of shipping bill, invoices, contracts indicating price revision, proof of additional IGST payment, foreign remittance details, and chartered accountant certificate. The proper officer shall verify the revised value, foreign exchange remittance, and IGST payment before granting refund through FORM GST RFD-06. In case of downward price revision, the exporter must deposit the excess refund received along with interest. The time limit for filing refund is two years from the relevant date. – 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 – This legal matter involves alleged violations of specific provisions under the applicable Goods and Services Tax (GST) statutes. The case pertains to the exercise of discretionary jurisdiction by the authority in canceling the petitioner's GST registration and issuing show cause notices regarding tax proposals for the 2018-19 tax period. The High Court held that upon examining the impugned show cause notices, it is evident they relate to alleged contraventions of specific GST statutory provisions. Since the challenge is limited to the show cause notices, the court found no need to exercise discretionary jurisdiction except to the extent of interfering with the suspension of registration. The petitioner retains the option to respond to the show cause notices and provide necessary explanations. Consequently, 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 – Judicial review of an assessment order was conducted due to discrepancies between GSTR 1 and GSTR 3B returns. The petitioner's replies were not considered, violating natural justice principles. The High Court held the order unsustainable as the petitioner's replies were not taken into account while recording conclusions. Consequently, the impugned order was set aside, and the matter remanded for reconsideration. The respondent was directed to provide a reasonable opportunity, including a personal hearing, to the petitioner and issue a fresh order after considering the petitioner's replies and annexed documents. – 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 petitioner's claim for refund of unutilized credit on account of payment of Service Tax, Education Cess (EC), Secondary and Higher Education Cess (SHEC), and Krishi Kalyan Cess (KKC) under the GST regime was rejected. The court held that EC, SHEC, and KKC can only be utilized for payment of such cess and not for any other purposes under the CENVAT Credit Rules. There is no cross-utilization of EC, SHEC, and KKC against tax payable on account of Service Tax. The judgment of the Madras High Court in Sutherland Global Services case clarified that there cannot be any transitioning of cess paid as EC, SHEC, and KKC u/s 140 of the CGST Act. The petitioner's claim for refund u/s 54 of the CGST Act was also rejected, as refund can only be claimed for zero-rated supplies or inverted duty structure, which does not apply in this case. The court dismissed the petition, rejecting the petitioner's contentions and the contrary views taken by various Tribunals as not in accordance with statutory provisions. – 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 – Writ petition disposed of directing respondents to process petitioner's application for GST registration within two weeks without insisting on No Objection Certificate. Petitioner had dispute with brother-in-law and mother-in-law after husband's death, leading to inability to carry on business due to expiry of old GST registration in absence of co-operation. Court found no impediment in allowing petition and directing processing of fresh application submitted on specified date. – 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 – Impugned assessment order set aside due to violation of principles of natural justice. Petitioner not provided opportunity for personal hearing regarding mismatch of tax liability filed for financial year 2017-2018. Show cause notice uploaded on GST Portal without furnishing original to petitioner. Order passed without allowing petitioner to establish case, violating natural justice. Matter remanded to respondent for fresh consideration regarding disputed assessment period. Since 20% of disputed tax liability paid, no further condition imposed. Petition disposed 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 – Inadvertent error committed by taxpayer in filing GSTR-3B return led to issuance of Form GST DRC-01A. However, upon examination, it was observed that detailed show cause notice and order were not available or uploaded on the portal. Consequently, the impugned order could not be sustained. The High Court set aside the order, allowing the respondent to initiate proceedings in accordance with law. 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 – Impugned communication rejecting application for input tax credit blocking lacked reasoning, amounting to non-application of mind and violation of natural justice principles. Authority contended blocking was within jurisdiction, reasons provided later, but petitioner entitled to be heard. Impugned communication quashed, application restored for fresh order after hearing petitioner. Authority can block input tax credit u/r, but reasons must be provided. – 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 – This circular clarifies the regularization of refund of IGST availed in contravention of rule 96(10) of CGST Rules, 2017, where exporters had imported inputs without paying integrated taxes and compensation cess. It states that if exporters initially imported inputs without paying IGST and cess by availing exemption notifications, but later paid the dues along with interest and got the Bill of Entry reassessed, the IGST paid on exports shall not be considered in contravention of rule 96(10). The Explanation inserted in rule 96(10) retrospectively deems the exemption notification benefits as not availed if IGST and cess were paid on imported inputs. Therefore, refund of IGST on exports in such cases can be regularized. – 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 circular clarifies the place of supply for data hosting services provided by Indian service providers to overseas cloud computing service providers. It addresses three issues: whether the data hosting service provider qualifies as an intermediary, whether the services relate to goods made available by the recipient, and whether they directly relate to immovable property. The key points are: 1) Data hosting service providers do not qualify as intermediaries facilitating supply between cloud providers and end-users, as they provide services on a principal-to-principal basis. Hence, place of supply cannot be determined u/s 13(8)(b) of IGST Act. 2) Data hosting services cannot be considered provided in relation to goods made available by cloud providers, as the service providers own/lease premises, hardware, software, and handle operations independently. Therefore, Section 13(3)(a) is not applicable. 3) Data hosting services are not directly related to immovable property but involve comprehensive services like operating data centers, ensuring power supply, connectivity, backup, monitoring, etc. Hence, Section 13(4) cannot be invoked. 4) As the services do not fit specific provisions, the default Section 13(2) applies, determining the place of supply as the location of the recipient. Services provided to overseas cloud providers will be considered exports u/s 2(6) of IGST Act, subject to conditions. – 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 – This circular clarifies the availability of input tax credit (ITC) on demo vehicles used by authorized dealers of motor vehicles. Key points are: ITC is available on demo vehicles used for demonstrating features to potential buyers as they promote further supply of such vehicles. However, ITC is blocked if demo vehicles are used for staff transportation. For dealers acting as agents providing marketing services, ITC is blocked as they are not making further supply. Capitalization of demo vehicles doesn't impact ITC eligibility, but depreciation claimed under Income Tax Act will block ITC. On subsequent sale of capitalized demo vehicle, reversal provisions apply. The circular aims to ensure uniform implementation across field formations. – 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 – This circular clarifies the determination of place of supply and export benefits for advertising services provided by Indian advertising agencies to foreign clients. Key points are: advertising agencies providing comprehensive advertising solutions, including media planning, content creation, and procurement of media space, are not considered intermediaries under IGST Act. The foreign client is the recipient, not their Indian representative or target audience. These services do not qualify as performance-based under IGST Act section 13(3). The place of supply is the location of the foreign recipient u/s 13(2), making it an export of services. However, if the agency merely facilitates media space procurement between the foreign client and media owner, acting as an intermediary, the place of supply is the agency's location u/s 13(8)(b). The circular provides clarity on export benefits eligibility for such advertising services to foreign clients. – 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 petitioner challenged the assessment order and summary in Form DRC-07 for wrongfully claiming Input Tax Credit (ITC) on the purchase of four motor cars, which was ineligible u/s 17(5) of the CGST/TNGST Act, 2017. The petitioner was unaware of the notices due to the introduction of a new “View Additional Notices and Orders” feature on the GST portal, which was not adequately communicated, resulting in a violation of principles of natural justice. The petitioner had purchased four motor cars for passenger service and mistakenly claimed ITC on these purchases, which was not permissible as the vehicles were intended for personal use. The petitioner voluntarily reversed the wrongly availed ITC in their March 2023 return before the financial year's end. However, the respondent passed the assessment order after issuing pre-show cause notice and show cause notice. The High Court set aside the order and remanded the matter to the respondent for fresh consideration, providing the petitioner an opportunity to substantiate their claim. – 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 High Court quashed a letter dated March 13, 2024, issued by the Superintendent (A.E.) Central Goods and Service Tax, Gautam Budh Nagar, advising voluntary tax payments without proper legal basis. The Court observed that the Department was advising the petitioner to make voluntary payments without issuing any show cause notice/demand notice/recovery notice, which is unknown in law. The respondents failed to indicate any provision under which such a letter could be issued. The Court directed the authorities to be cautious and refrain from issuing such letters tantamounting to pressure tactics, allowing the petition. – 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

= = = = = = = =