Author: admin_gst

Goods and Services Tax – GST Dated:- 27-8-2024 – News – Dear Taxpayers, This is to inform taxpayers about recent developments concerning the application process for GST registration. It is advised to keep the following key points in mind during the registration process. 1. Rule 8 of the CGST Rules, 2017 has been amended to provide that an applicant can be identified on the common portal, based on data analysis and risk parameters for Biometric-based Aadhaar Authentication and taking a photograph of the applicant along with the verification of the original copy of the documents uploaded with the application. 2. The above-said functionality has been developed by GSTN. It has been rolled out in Dadra and Nagar Haveli and Daman and Diu AND C

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t receives the link as mentioned in point 3(b), she/he will be required to book the appointment to visit the designated GSK, using the link provided in the e-mail. 6. The feature of booking an appointment to visit a designated GSK is now available for the applicants of Dadra and Nagar Haveli, Daman and Diu AND Chandigarh. 7. After booking the appointment, the applicant gets the confirmation of appointment through e-mail (the appointment confirmation e-mail), she/he will be able to visit the designated GSK as per the chosen schedule. 8. At the time of the visit of GSK, the applicant is required to carry the following details/documents (a) a copy (hard/soft) of the appointment confirmation e-mail (b) the details of jurisdiction as mentioned i

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Case-Laws – GST – Highlights – Impugned order passed on 24.01.2024, prior to expiration of 30-day response period granted in show cause notice issued on 26.12.2023, violating principles of natural justice. Petitioner entitled to adequate time to gather defense materials like e-way bills, e-invoices after registration restoration on 22.01.2024. Failure to provide such opportunity renders impugned order invalid. Petition allowed by High Court. – 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 impugned show cause notice (SCN) was cryptic and lacked specific details of allegations, merely referring to a statutory provision without providing any clue regarding transactions resulting in wrongful availment of Input Tax Credit (ITC). The SCN failed to satisfy the requisite standard, violating principles of natural justice by not enabling the petitioner to respond to allegations. Additionally, no date or time for personal hearing was communicated. The cancellation order was passed retrospectively without providing an opportunity to contest, further violating natural justice. However, considering the petitioner sought cancellation, the cancellation order was made operative prospectively from the SCN date, not retrospectively. The petition was disposed of accordingly. – 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 – Review petition dismissed for lack of grounds permissible under law. Court found no mistake or error apparent on record to warrant review of the impugned order passed with consent of parties. Petitioner's reliance on Bombay High Court decision misplaced as it dealt with typographical error. Petition devoid of merit, dismissed on contest without costs. Refusal of refund of ITC upheld, with protection granted earlier for filing appeal before GST Tribunal once constituted, subject to deposit of 20% remaining disputed tax amount. – 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 – GST officer's suspension upheld based on allegations of issuing registration without proper verification. Registration issued to Prabhat Singh without verifying field survey report. Court found no infirmity in suspension order to prevent tampering of evidence. Respondents directed to complete disciplinary proceedings within six months. Petition 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 – A bail application was rejected in a case involving the creation of fake companies, appointment of fictitious directors/ partners/ proprietors, and illegal passing of inadmissible Input Tax Credit under the Goods and Services Tax (GST) laws. The accused, without the knowledge of the purported directors/staff, utilized invoices from fictitious suppliers to wrongfully avail and pass on ineligible Input Tax Credit, resulting in substantial revenue loss to the government. The court emphasized that economic offenses involving deep-rooted conspiracies and massive public fund losses should be viewed seriously as grave offenses affecting the nation's economy. Citing a Supreme Court precedent, the court held that such white-collar criminals, driven by personal profit motives and impeding national development through calculated dishonesty, warrant a different approach to bail. Considering the allegations, verified materials, and the cognizance order for offenses under GST laws and the Indian Penal Code, the court rejected the bail application. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Goods and Services Tax – GST Dated:- 24-8-2024 – News – To assist taxpayers in correctly reporting Reverse Charge Mechanism (RCM) transactions, a new statement called RCM Liability/ITC Statement has been introduced on the GST Portal. This statement will enhance accuracy and transparency for RCM transactions by capturing the RCM liability shown in Table 3.1(d) of GSTR-3B and its corresponding ITC claimed in Table 4A(2) and 4A(3) of GSTR-3B for a return period. This statement will be applicable from tax period August 2024 onwards for monthly filers and from the quarter, July-September-2024 period for quarterly filers. The RCM Liability/ITC Statement can be accessed using the navigation: Services Ledger RCM Liability/ITC Statement. Reportin

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table 3.1(d) of GSTR-3B , in such cases taxpayer will be needed to fill a negative value of such excess claimed ITC as RCM as opening balance in RCM Statement. In case taxpayer need to reclaim the RCM ITC, which was reversed in earlier tax periods through Table 4(B)2 of GSTR-3B , if eligible, he can reclaim such RCM ITC in Table 4A(5) of GSTR-3B . Please note that such RCM ITC shall not be reclaimed through Table 4(A)2 and 4(A)3 of GSTR-3B . Such RCM ITC reversal need not to be reported as RCM ITC opening balance. For Opening Balance pls reconcile till tax Period: Monthly filers: Report the opening balance considering RCM ITC till the July-2024 return period. Quarterly filers: Report the opening balance up to Q1 of FY 2024-25, considering

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Goods and Services Tax – GST Dated:- 24-8-2024 – News – Advisory for furnishing bank account details before filing GSTR-1/IFF Notification No. 38/2023 – Central Tax New Delhi, the 4th August, 2023 Dated:- 24-8-2024 – 1. As per Rule 10A of Central Goods and Services Tax Rules, 2017 notified vide notification no. 31/2019 dated 28.06.2019 , a taxpayer is required to furnish details of a valid Bank Account within a period of 30 days from the date of grant of registration, or before furnishing the details of outward supplies of goods or services or both in FORM GSTR-1 or using Invoice Furnishing Facility (IFF), whichever is earlier. 2. Advisory and various communications have already been issued time to time to inform the taxpayers regarding

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Case-Laws – GST – Highlights – The High Court prima facie found the notification No. 56/2023 issued by the Central Board of Indirect Taxes and Customs to be inconsistent with Section 168(A) of the Central GST Act, 2017. Consequently, any actions based on the said notification would fail. While acknowledging the petitioner's entitlement to reliefs proposed in the Financial Bill 2024, the Court deemed it necessary to examine the applicability of force majeure concerning the notification, considering the Minutes of the 49th GST Council Meeting. However, the respondent authorities were granted an opportunity to present their stance and materials justifying the force majeure claim. Interim protection was granted to the petitioner, prohibiting coercive action based on the impugned assessment order dated 18.04.2024 until the next hearing scheduled for 21.08.2024, with the respondents directed to file affidavits by 19.08.2024. – 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 – Rejection of petitioner's appeal u/s 107 of the Central Goods and Services Tax Act, 2017 for cancellation of GST registration. Petitioner explained delay in availing appellate remedies due to mitigating circumstances. Petitioner afforded opportunity to be heard in proceedings relating to revocation application but was remiss in not availing the same. Petitioner not afforded opportunity at threshold stage as impugned show cause notice did not specify date and time for personal hearing. Petitioner granted one more opportunity to satisfy proper officer of its existence at material time and continuance. Petitioner's application for revocation before proper officer restored. Petition disposed of. – 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 High Court accepted the petitioner's contention that they were prevented from filing an appeal within the stipulated time due to the delay in communicating the impugned order. Despite the provision stating that the limitation period commences from the date of passing the order, the court held that since there is a provision for filing an appeal, it necessarily implies that the factual aspects shall be examined by the Appellate Authority. Consequently, the petition was disposed of, allowing the petitioner to file an appeal against the impugned order within the prescribed time limit from the date of receiving the order's communication. – 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 court set aside the impugned order pertaining to tax demand arising from mismatch between GSTR 3B returns and auto-populated GSTR 2A, subject to petitioner remitting 10% of disputed tax demand and submitting reply to show cause notice within two weeks. The order was passed without considering petitioner's objections, necessitating opportunity to contest demand on merits. – 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 – Revision petitions filed within time limit granted by High Court, rejecting them on ground of limitation without hearing petitioner violates natural justice. Impugned orders rejecting revision petitions solely on limitation ground illegal, liable to be set aside. 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 – Violation of principles of natural justice occurred as the petitioner was not provided a reasonable opportunity to contest the tax demand on merits. The petitioner's reply enclosed only GSTR 9, GSTR 9C, and income tax documents, failing to provide all relevant documents to establish that the services fall within the scope of Section 9(3) of the applicable GST enactments read with Notification No.13/2017 – Central Tax (Rate) dated 28.06.2017. Despite the petitioner's assertion that the services provided fall within the scope of the above provision and notification, it is just and necessary to provide an opportunity by putting the petitioner on terms. The impugned order dated 18.12.2023 is set aside subject to the petitioner remitting 10% of the disputed tax demand within two weeks from the date of receipt of a copy of this order. The petition is disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Goods and Services Tax – GST Dated:- 23-8-2024 – News – Goods and Services Tax Network (GSTN) is organising GST Analytics Hackathon to drive innovation in tax compliance through predictive analytics Dated:- 23-8-2024 – Hackathon would take place over 45 days from the start of registration to the final date for submission of developed prototypes The Goods and Services Tax Network (GSTN) is organising the GST Analytics Hackathon, an initiative to drive innovation in tax compliance through predictive analytics. This challenge invites Indian students, researchers, and professionals from startups and companies to develop a predictive model for GST analytics framework. The Hackathon would take place over 45 days from the start of registration

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Case-Laws – GST – Highlights – Petitioner sought regular bail in case involving alleged wrongful Input Tax Credit (ITC) availed using fictitious invoices from non-existent/suspicious firms. As per Section 132(1)(b) and (c) of HGST/CGST Act, issuing invoice without supply or availing ITC using such invoice, where tax evaded or ITC wrongly availed exceeds Rs. 500 lakhs, is punishable with up to 5 years imprisonment and fine. Show cause notice u/s 74(1) issued to petitioner is yet to be adjudicated upon to determine exact tax liability. Determination of tax liability is subject to challenge before tribunals/courts and does not fall within criminal court's realm. Another firm also issued notice jointly with petitioner, whose liability may reduce petitioner's liability. Considering maximum 5 years punishment u/s 132 and pending adjudication of tax liability, petitioner directed to be released on regular bail on executing personal bonds with two solvent sureties of Rs. 50 lakhs each, surrendering passport and not leaving country without court's permission during trial. – 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 – Challenge to adjudication order u/s 73(9) of CGST/WBGST Act, 2017 – petitioners claimed no opportunity of hearing, violating principles of natural justice and CBIC circular. Court held petitioners' response was considered by proper officer as noted in order. Sufficiency of response cannot be subject matter of writ petition under Article 226. Though petitioners claimed violation of statutory provisions by not affording hearing, it was an afterthought as they did not file appeal within limitation period or approach Court expeditiously. Court granted leave to prefer appeal on payment of costs, subject to filing within two weeks. Petition disposed of. – 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 applicant sought regular bail, accused of availing wrongful input tax credit benefits worth Rs.15.58 crores through fictitious transactions with 38 firms. Considering the nature of allegations in the FIR, punishment of 5 years, arrest in June 2024, and attachment of applicant's firm assets, the High Court allowed bail upon executing a bond of Rs.10,000 with one surety of like amount and subject to conditions by the trial court u/s 439 of the Criminal Procedure Code, 1973. – 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 High Court directed the respondent to provide the petitioner with physical or soft copies of the GST returns and documents available with the respondent, within one week. This order was issued in response to the petitioner seeking copies of these documents to enable pursuit of appellate remedies against the cancellation of the firm's GST registration. The petition was disposed of after the Court's directive. – 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 High Court quashed the impugned Order-In-Original dated 31.12.2020, which was passed in violation of principles of natural justice by not granting an opportunity of hearing to the petitioner and not considering the petitioner's reply to the show-cause notice. The matter was remanded back to the adjudicating authority to pass a fresh de novo order after giving an opportunity of hearing to the petitioner, who shall be at liberty to raise all contentions raised in the petition. The case pertained to the exemption from IGST under Sr.No.144 of N/N. 2/2017 Integrated Tax (Rate) dated 28.06.2017 for brooms sticks imported by the petitioner made out of Cocos Nucifera and Nypha Fruitcane. – 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 respondent commenced a real estate project “Swastik Heights” in the post-GST regime, with commencement certificate issued on 08.03.2018 and GST registration effective from 27.02.2018. Initially, GST was charged at 8% with input tax credit (ITC). From 01.04.2019, the respondent had the option to charge either 8% GST with ITC or 1% without ITC, but continued charging 8% with ITC. The Commission observed that since the project commenced in the post-GST period, there was no benefit of rate reduction or additional ITC compared to the pre-GST period that the respondent was obligated to pass on to buyers u/s 171(1) of the CGST Act, 2017. Consequently, the allegations of profiteering were found untenable, and proceedings were dropped. – 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 High Court quashed the orders initiating proceedings u/s 130 of the GST Act against the petitioner for excess stock found during inspection/search u/s 67. It held that if excess stock is found, proceedings u/ss 73/74 of the GST Act should be initiated, not Section 130 read with Rule 120. The Court reiterated that the law is clear that Section 130 proceedings cannot be invoked if excess stock is found during survey. Consequently, the impugned orders passed by the appellate authorities were set aside as unsustainable in law. – 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 – Principles of natural justice violated. Respondent disregarded petitioner's clarifications, GSTR 9 reconciliation, audited balance sheet, confirming show cause notice allegations through impugned order citing “incomplete documents” despite discrepancies in GSTR 1 and GSTR 3B filings. High Court held show cause notice issued 28.12.2023, petitioner filed reply 11.03.2024 with final reconciliation, E-Way bill turnover reconciliation with GSTR-1 and seven supporting documents, but respondent mechanically passed impugned order without considering reply. Impugned order set aside, matter remitted to respondent to consider reply, reconciliations, documents, provide personal hearing opportunity, and pass detailed speaking order. 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

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Case-Laws – GST – Highlights – Petitioner challenged impugned order regarding GST discrepancies, failing to avail opportunity of personal hearing. Court held that notice was issued by respondent based on difference between turnover reported in Form 26AS and Form GSTR 3B. Petitioner replied that difference occurred as Form 26AS includes turnover from April 2017 to June 2017, prior to GST regime, while GSTR3B excluded that period. However, respondent did not consider this aspect while passing impugned order. Court believes granting another opportunity would allow petitioner to establish case before authorities. Impugned order dated 12.12.2023 set aside, matter remanded to respondent for fresh consideration on condition that petitioner pays 10% of demand amount within four weeks from 12.08.2024. Setting aside of impugned order effective from date of payment. 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

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Case-Laws – GST – Highlights – Impugned show cause notice for cancellation of GST registration lacks specific allegations, violating principles of natural justice. Notice merely reproduces rule without specifying invoices/bills issued without supply of goods or services. Purpose of show cause notice is to enable response to allegations, which is rendered meaningless without specifics. Impugned notice fails to meet requisite standards, liable to be set aside. Respondents directed to restore petitioner's GST registration forthwith. Petition disposed of. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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