Central Government exempts supply of goods falling under heading 2202 by Unit Run Canteen (URC) to…

Notifications – GST – Highlights – Central Government exempts supply of goods falling under heading 2202 by Unit Run Canteen (URC) to authorized customers from entire Goods and Services Tax Compensation Cess leviable u/s 8 of Goods and Services Tax (Compensation to States) Act, 2017, exercising powers under Central Goods and Services Tax Act, 2017, Goods and Services Tax (Compensation to States) Act, 2017, and Integrated Goods and Services Tax Act, 2017, on recommendation of Council, considering public interest. Notification effective from 15th July, 2024. Interpretation rules of Customs Tariff Act, 1975 apply. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Amends Notification No. 12/2017-Central Tax (Rate) to exempt supply of services by Ministry of Railways…

Notifications – GST – Highlights – Amends Notification No. 12/2017-Central Tax (Rate) to exempt supply of services by Ministry of Railways to individuals for sale of platform tickets, retiring/waiting rooms, cloak rooms, battery car services; services between zones/divisions of Railways; services by SPVs to Railways allowing use of infrastructure and maintenance services. Accommodations up to Rs. 20,000 per person per month for minimum 90 days exempted for student residences, hostels, camps, paying guest accommodations. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Notification amends Notification No. 2/2017-Central Tax (Rate) dated 28th June, 2017 by inserting…

Notifications – GST – Highlights – Notification amends Notification No. 2/2017-Central Tax (Rate) dated 28th June, 2017 by inserting proviso to Explanation clause (ii) exempting supply of agricultural farm produce in packages containing quantity exceeding 25 kilograms or 25 litres from being considered as pre-packaged and labelled under Legal Metrology Act, 2009 and rules thereunder. Amendment comes into force from 15th July, 2024. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Notification amends Schedule II (6% GST rate) by inserting cartons, boxes, cases of…

Notifications – GST – Highlights – Notification amends Schedule II (6% GST rate) by inserting cartons, boxes, cases of corrugated/non-corrugated paper or paperboard, milk cans made of iron, steel or aluminium, and solar cookers. In Schedule III (9% GST rate), cartons etc. other than those of corrugated/non-corrugated paper or paperboard are substituted, milk cans of iron/steel excluded, solar cookers included in wood burning stoves category, milk cans of aluminium included under utensils. Explanation clause amended to exclude agricultural produce in packages over 25 kg/litre from pre-packaged labelling conditions for treating the same as supply. Effective 15th July 2024. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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The HC quashed the impugned order for violating principles of natural justice, as the petitioner’s…

Case-Laws – GST – Highlights – The HC quashed the impugned order for violating principles of natural justice, as the petitioner's explanation during personal hearing was not discussed. It remanded the case to the respondent to pass a fresh order on merits after the petitioner deposits 10% of disputed tax and files a consolidated reply within 30 days, treating the quashed order as an addendum to the earlier show cause notice. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Principles of natural justice violated due to non-uploading of show cause notice (SCN) u/s 73 on…

Case-Laws – GST – Highlights – Principles of natural justice violated due to non-uploading of show cause notice (SCN) u/s 73 on portal's “view notices and orders” section. Despite email communications informing petitioner about SCN's location, confusion persisted due to portal redesign. Petitioner permitted to challenge adjudication order before appellate authority within 30 days by filing appeal with condonation application. Appellate authority directed to condone delay, hear appeal on merits, pass reasoned order within 12 weeks after hearing petitioner, subject to pre-deposit compliance u/s 107. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Impugned order partially upheld, petitioner directed to pay balance tax demand without prejudice to…

Case-Laws – GST – Highlights – Impugned order partially upheld, petitioner directed to pay balance tax demand without prejudice to rights under remand order; petitioner also required to pay interest amount; respondents directed to pass fresh orders on merits regarding penalty u/s 122 of GST Act within six months, penalty may be dropped if 53rd GST Council recommendations implemented; 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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The appellate authority’s order passed u/s 107 of the CGST Act, 2017/WBGST Act, 2017 is set aside. The…

Case-Laws – GST – Highlights – The appellate authority's order passed u/s 107 of the CGST Act, 2017/WBGST Act, 2017 is set aside. The matter is remanded back to the appellate authority with a direction to treat the deposit made by the petitioner in Form GST DRC-03 dated 30th January, 2024, as a deposit within the meaning of the notification dated 2nd November, 2023. The appellate authority is further directed to hear out and dispose of the appeal within 8 weeks from the communication of this order, providing an opportunity for personal hearing to the petitioner. The petition is disposed of 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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Show cause notice served on petitioner by uploading in GST portal tab without other communication mode;…

Case-Laws – GST – Highlights – Show cause notice served on petitioner by uploading in GST portal tab without other communication mode; petitioner unaware of proceedings; tax demand confirmed due to non-reply; considering facts, interest of justice warrants opportunity to contest demand; impugned order set aside; matter remanded for reconsideration subject to condition of remitting 10% disputed tax demand within two weeks; petition disposed off 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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Notification seeks to amend Notification No. 02/2018-Integrated Tax, dated 20th September, 2018…

Notifications – GST – Highlights – Notification seeks to amend Notification No. 02/2018-Integrated Tax, dated 20th September, 2018 regarding rate of tax collection at source (TCS) to be collected by every electronic commerce operator for inter-State taxable supplies and other suppliers where consideration is collected by said operator. The amendment substitutes words “one per cent” with “half per cent” for TCS rate. The notification comes into force from date of publication in official gazette. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Rate of tax collection at source (TCS) to be collected by every electronic commerce operator for…

Notifications – GST – Highlights – Rate of tax collection at source (TCS) to be collected by every electronic commerce operator for intra-State taxable supplies reduced from 0.5 per cent to 0.25 per cent of net value of intra-State taxable supplies. Notification amends earlier notification No. 52/2018-Central Tax. Effective from date of publication in official gazette. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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This notification exempts registered persons with aggregate turnover up to Rs. 2 crores in FY 2023-24…

Notifications – GST – Highlights – This notification exempts registered persons with aggregate turnover up to Rs. 2 crores in FY 2023-24 from filing annual return for said financial year. Issued by Central Board of Indirect Taxes and Customs, Ministry of Finance, under powers conferred by section 44 of Central Goods and Services Tax Act, 2017, on recommendations of GST Council. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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This notification rescinds a previous notification (No. 27/2022-Central Tax dated 26th December 2022)…

Notifications – GST – Highlights – This notification rescinds a previous notification (No. 27/2022-Central Tax dated 26th December 2022) which provided exemption from biometric-based Aadhaar authentication u/r 8(4A) of Central Goods and Services Tax Rules, 2017. The rescission is effective from the date of publication in the Official Gazette, except for actions taken or omitted before such rescission. It is issued by the Central Government on the recommendations of the GST Council u/r 8(4B) of CGST Rules, 2017. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Circular provides revised procedure for electronic filing and processing of refund applications by…

Circulars – GST – Highlights – Circular provides revised procedure for electronic filing and processing of refund applications by Canteen Stores Department (CSD) u/s 55 of CGST Act. CSD can electronically file refund application in FORM GST RFD-10A on common portal for 50% refund of central, state, UT and integrated tax paid on inward supplies for subsequent supply to Unit Run Canteens or authorized customers. CSD to file refund application quarterly, allowed to club multiple quarters/financial years. Refund available only if supplier furnished invoice details in GSTR-1 and filed GSTR-3B. Proper officer to process refund claim as per Rule 89, verify invoices, tax payment and ITC reversal. Refund amount capped at 50% of taxes paid. Earlier Circular 60/34/2018-GST superseded for electronic refund applications. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Circular prescribes mechanism for refund of additional IGST paid on upward revision in price of exported…

Circulars – GST – Highlights – Circular prescribes mechanism for refund of additional IGST paid on upward revision in price of exported goods subsequent to exports. Exporter to file refund claim in FORM GST RFD-01 electronically on common portal under “Any other” category until separate category developed. Claim processed by jurisdictional GST officer based on documents establishing admissibility. Details of shipping bills, IGST amount, refund sanctioned by customs to be provided to GST officers. Minimum refund amount Rs. 1000. Time limit 2 years from relevant date. Required documents listed. Proper officer to verify GSTR-1, GSTR-3B, foreign remittances. Refund sanctioned in FORM GST RFD-06 with detailed speaking order. For downward revision, exporter to deposit excess refund received with interest. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Sub-rule (2) of Rule 28 of CGST Rules provides for valuation of supply of services of providing…

Circulars – GST – Highlights – Sub-rule (2) of Rule 28 of CGST Rules provides for valuation of supply of services of providing corporate guarantee between related persons. It applies to guarantees issued/renewed on or after 26.10.2023. Value is 1% of guaranteed amount per annum or actual consideration, whichever is higher. ITC is available irrespective of loan disbursal. No GST on takeover of existing loans unless fresh guarantee. For co-guarantors, value is sum of consideration or proportionate 1% of respective guaranteed amounts. Domestic guarantees under forward charge, overseas under reverse charge. Second proviso of sub-rule (1) applies. Export of such services excluded. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Guidelines clarify recovery proceedings in cases where first appeal is disposed but taxpayer cannot file…

Circulars – GST – Highlights – Guidelines clarify recovery proceedings in cases where first appeal is disposed but taxpayer cannot file further appeal due to non-operation of Appellate Tribunal. Taxpayers can make pre-deposit payment through Electronic Liability Register to avail stay on recovery. Undertaking to file appeal when Tribunal operationalizes is required. Amounts paid inadvertently through DRC-03 can be adjusted towards pre-deposit by filing DRC-03A application. Till DRC-03A functionality is available, intimation to proper officer suffices for stay on recovery. Failure to file appeal after Tribunal's operation will lead to recovery as per law. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Petitioner was in jail custody from February 3, 2022, to July 30, 2023. Show-cause for cancellation of…

Case-Laws – GST – Highlights – Petitioner was in jail custody from February 3, 2022, to July 30, 2023. Show-cause for cancellation of registration was issued on July 27, 2023, and order of cancellation was passed on August 23, 2022, without petitioner's opportunity to respond or apply for revocation. Petitioner was released on July 20, 2023, after acquittal and preferred an appeal. HC set aside the cancellation order dated August 23, 2022, and appellate order dated March 13, 2024, subject to petitioner filing returns for default period and paying tax, interest, fine, late fees, and penalty, if not already paid. 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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Provisional attachment order u/s 83 of CGST Act challenged for completion of one year’s period. Court…

Case-Laws – GST – Highlights – Provisional attachment order u/s 83 of CGST Act challenged for completion of one year's period. Court held that Section 83 employs mandatory language, and impugned provisional attachment order dated 19.05.2023 ceased to have effect upon expiry of one year period from issuance date, i.e., 19.05.2023. 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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Maintainability of petition discussed – availability of alternative remedy considered – cancellation of…

Case-Laws – GST – Highlights – Maintainability of petition discussed – availability of alternative remedy considered – cancellation of registration under CGST/APGST Act, 2017 – alleged violation of principles of natural justice – Supreme Court held writ petition maintainable in contingencies like enforcement of fundamental rights, violation of natural justice, proceedings without jurisdiction or challenging vires of an act despite alternative remedy – show cause notice provided particulars of non-existent taxpayers from whom petitioner allegedly obtained bogus invoices – 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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Petitioner challenged order passed u/s 129(3) of Goods and Services Tax Act, 2017 for alleged tax…

Case-Laws – GST – Highlights – Petitioner challenged order passed u/s 129(3) of Goods and Services Tax Act, 2017 for alleged tax evasion due to typographical error in date on E-way Bill and Tax Invoice. Court held typographical error was bona fide, not indicative of mens rea to evade tax, essential for imposing penalty. Selling dealer had active GSTIN, no adverse inference permissible merely because office address was residential. Impugned order set aside based on conjectures without cogent evidence of tax evasion. 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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Condonation of delay in filing appeal is governed by Section 5 of Limitation Act. When special statute…

Case-Laws – GST – Highlights – Condonation of delay in filing appeal is governed by Section 5 of Limitation Act. When special statute provides period for initiating proceeding and authority to condone delay without specifying time limit, Section 5 applies. Central Board of Indirect Taxes and Customs extended time for filing appeal against certain orders under BGST Act beyond statutory period. Extraordinary jurisdiction under Article 226 cannot be invoked when alternate remedies available and assessee failed to avail them diligently within stipulated time. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Jurisdiction to issue show cause notice (SCN) for levy of interest and penalty was challenged. Court…

Case-Laws – GST – Highlights – Jurisdiction to issue show cause notice (SCN) for levy of interest and penalty was challenged. Court held that writ petitions challenging impugned orders under Article 226 of Constitution lack merit. Petitioner must file statutory appeal u/s 107 of TNGST Act, 2017. Writ petitions dismissed with liberty to file statutory appeal within 30 days from receipt of order. Pre-deposit requirement waived if petitioner paid 10% or more of tax for respective assessment years during inspection. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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The HC held that the assessment has to be completed by a proper Officer and the Commissioner can…

Case-Laws – GST – Highlights – The HC held that the assessment has to be completed by a proper Officer and the Commissioner can designate such Officers as defined in Section 2(91) of the TNGST Act, therefore, the delegation appointing proper Officers is valid. Regarding the challenge to impugned orders on the ground of improper show cause notice, the HC left it open to be decided by the Appellate Authority, granting liberty to file a statutory appeal within 30 days. The petition was dismissed. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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Petition challenging assessment order set aside; case remanded to pass fresh order after considering…

Case-Laws – GST – Highlights – Petition challenging assessment order set aside; case remanded to pass fresh order after considering discrepancies between GSTR-1, GSTR-3B, GSTR-2A/GSTR-9; petitioner directed to deposit 10% of balance tax amount within 30 days; earlier dropped amount confirmed indicating non-application of mind. – TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts Tax Management India – taxmanagementindia – taxmanagement – taxmanagementindia.com – TMI – TaxTMI – TMITax

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