Recent Judgments and it impact/benefit on Industry
Click here for copy of the presentation- Recent Judgements and it impact/benefit for Industry
GST / Goods and Service Tax Archive
Hon’ble Delhi High Court grants stay on audit proceedings initiated by Service Tax Department
The Hon’ble Delhi High Court, has in the case of GeetanjaliYog LLP v. Union of India in W.P. (C) 13531/2019 issued notice and granted interim relief to the Petitioner on their plea that the power of initiating Audit proceedings for verification of documents and records are not provided for in the Finance Act. The grievance …
Assessment made by the Assessing authority pursuant to remand by Tribunal, has no consequence, when the Remand order has been challenged and set aside by the Court
The Hon’ble Allahabad High Court in Sales/Trade Tax Revision No. – 22 of 2011 and 23 of 2011, matter between Skoll Breweries Limited v. Commissioner of Commercial Tax, UP, has quashed the Order of the Commercial Tax Tribunal, Meerut, for passing the order beyond its jurisdiction for: “Treating Spent Malt as unclassified goods subjecting them …
Financial Service Proviers – Under the Umbrella of Insolvency and Bankruptcy Code, 2016
Within three years of its inception, the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code”), has proven to become one of the most successful economic reforms in the Country with regard to resolution of stressed assets. The enactment of the Code has led to a greater stability in financial systems, being fundamental to …
Analysis on Restriction on ITC under Rule 36(4) of the CGST Rules
On recommendations of GST Council in its 37th meeting,a sub-rule (4) to Rule 36 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred as “CGST Rules”) has been inserted vide Notification No. 49/2019 dated 09.10.2019 w.e.f 09.10.2019. The said sub-rule restricts the ITC of the invoices, the details of which have not been …
GST System is Still in Trial and Error Phase: Delhi High Court Allows WRIT on TRAN-1 Issue
The Hon’ble Delhi High Court has vide order dated 20.08.2019 allowed writ petition wherein the Petitioner was unable to claim transitional credit under the GST regime due to its inability to connect to the common portal during the prescribed period. Further, it was observed that since the Petitioner was unable to even connect with the …
Delhi High Court Sets Aside Impugned Notification Issued by Commissioner, DVAT Cancelling Used Of Forms
The Hon’ble High Court of Delhi vide order dated 05.08.2019 in the case of Sheel Chand Agroils (P) Ltd. v. Government of NCT of Delhi in W.P.(C) 3245/2019 set aside the impugned notification issued by Commissioner, DVAT cancelling the used F Forms. The Hon’ble Court relied on its earlier decision in Maa Jagdamba Traders v. …
Cestat Holds That Mere Mentioning of Wrong Code While Making Payment of Duty Cannot Justify Imposition of Interest and Penalty
Recently, Hon’ble CESTAT, Allahabad has in the case of M/s Printotech Global Limited v. The Commissioner, CGST, Noida in Excise Appeal No. 71258 of 2018 held that imposition of interest and penalty is not justified in instances where assessee deposited duty by mentioning wrong code. The Hon’ble Tribunal, relied on decision of Hon’ble Gujarat High …
Transitional Credit and GST Tran-1 Issue: Way Forward
Loss of transitional input tax credit due to genuine reasons and restrictive transitional provisions has been a big issue since introduction of the GST Law in India. Various High Courts in plethora of judgments have provided relief to the assessees on these issues. Recently, the Hon’ble Delhi High Court has provided reliefs to various taxpayers/ …
Short Note on GST Appellate Tribunal Under Central Goods and Services Tax Act
An appeal against order of first appellate authority or revisional authority lies before the GST Appellate Tribunal constituted by Central Government under Section 109 of CGST Act. Jurisdiction The powers of Tribunal shall be exercised by: a. National Benches and Benches thereof (called Regional Benches). b. State Benches and Benches thereof (called ‘Area Benches’). …