Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 19-1-2018 – Goods and Services Tax (GST), introduced from July 1, 2017 is over six months 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. We expect some legislative changes in the forthcoming Union Budget -2018, based on GST Council recommendations. Taxpayers have already started challenging various provisions of GST laws and rules framed there under with more than 75 writs being filed in different courts. High courts have taken a liberal stand so far in view of the fact that law is new and is yet evolving. However, CBEC may move to supreme court where the verdict is against the Government. Here are few more judicial pronouncements for information and guidance of various stakeholders. It
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t decided to cancel tender proceedings invited with effect from 1-7-2017 to 5-8-2017 in which assessee has participated, it was held that nothing was illegal or arbitrary in decision of State Government to cancel tender proceedings in view of change in tax environment on introduction of GST. It was further held that since tenderer is eligible for Input Tax Credit on GST paid on goods/services and there is nothing wrong in decision to exclude amount of GST in tender value for future tenders. In Kanwar Enterprises (P) Ltd. v. Assistant Commissioner (CT), Chennai 2017 (11) TMI 1565 – MADRAS HIGH COURT , where the excess tax paid was duly acknowledged in assessment orders and Form P notices issued stating that assessee was entitled for refund of specified amounts but no orders were passed by Assessing Officer despite direction from High Court and several representations by assessee, it was held that assessee shall be entitled for cash refund considering that there was likelihood of dealer
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202 (Kerala), where goods were detained and issue was of release old detained goods and jurisdiction of detaining authority, it was held that issue of mis-classification and under-valuation of goods has to be gone into by respective Assessing Officers and not by detaining officer. The specific power invoked under CGST/SGST is applicable only to intra state movement of goods. It was ordered that goods be released as further retention of goods were not permitted, but however, on execution of simple bond without sureties by the petitioners. In Devashish Polymers (P.) Ltd. v. Union of India ; (2018) 1 TMI 276 (Delhi), where the assessee being a non-commercial research institution claimed that it had a vested right in its favour for continuation of exemption from payment of both, customs and excise duty until validity of registration granted to its R&D centre till 31-3-2019, and since, the exemption from payment of excise duty stood rescinded, it was held that matter required elucidati
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