Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 1-8-2018 – Goods and Services Tax (GST), introduced from July 1, 2017 is more than one year old now but has resulted in operational and implementation disruptions affecting all stakeholders. GST law, as drafted and legislated, is not free from the interpretational hassles. GST Council his however, making regular changes to fix the anomalies and hardships faced by taxpayers. Taxpayers have already challenged various provisions of GST laws and rules framed thereunder with about 200 writs being filed in different courts. High courts and Supreme court have taken a liberal stand so far in view of the fact that law is new and is yet evolving. However, CBIC may move to Supreme cour
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and Services Tax Act as also Kerala State Goods and Services Tax Act, said authority was directed to complete adjudication provided for under section 129 within a week and release goods, if assessee complies with rule 140(1) of Kerala State Goods and Services Tax Rules. In New Shiva Transport Service v. State of U.P 2018 (6) TMI 425 – ALLAHABAD HIGH COURT, where Competent Authority had seized goods of assessee under transport as well as vehicle on account of non filing of Part-B of E-way bill, said authority was directed to release goods and vehicle on assessee furnishing security other than cash or bank guarantee equivalent to proposed tax. In Shri Ram Tiles & Sanitary Ware v. Union of India 2018 (6) TMI 110 – PUNJAB AND HARYANA HIGH C
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n assessee a notice. Assessee filed writ petition seeking appropriate directions to Competent Authority to complete adjudication provided for under section 129 in respect of goods detained, said authority was directed to complete adjudication within two weeks. In J.V.D. Cera Coating and Colours (P.) Ltd. v. State of U.P 2018 (5) TMI 1703 – ALLAHABAD HIGH COURT , where Competent Authority, exercising under section 67(2) of U.P. GST Act, had conducted search on assessee and seized goods and thereafter passed an order under section 67(6) directing assessee to deposit tax and penalty to extent of ₹ 9.53 lakhs, said authority was directed to release goods on assessee depositing ₹ 3 lakhs and furnishing security for balance amount. In
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