Procedural lapse is condonable and denial of substantive right is unjustified; Tribunal (Chennai) allows appeal under R. 6 (3A)(II) of Cenvat Credit Rules, 2004

The Coram of Sulekha Beevi (Judicial Member) and P. Anjani Kumar (Technical Member), CESTAT (Chennai) allowed an appeal which was filed against the order of the Commissioner (Appeals), wherein the Commissioner (Appeals) by rejecting the method adopted by the appellant under Rule 6(3A)(ii) of CCR Rules, 2004, to reverse the Credit, had compelled the appellant …

Rectification of error/ mistake apparent on face of record made by the Applicant in SVLDRS declaration

In a recent decision dated 02.11.2020, Hon’ble High Court of Delhi has made an important ruling on the scope of Section 128 of Chapter-V: “Sabka Vishwas (Legacy Dispute Resolution Scheme), 2019. Citation: Bhawna Malhotra v. Union of India, W.P (C) 7350/2020, Delhi High Court dated 02.11.2020 Facts As per the facts of the case, the …

Webinar on “Provisions of IBC relating to Personal Guarantors to Corporate Debtors”

The provisions pertaining to Personal Guarantor under IBC were enforced w.e.f 01.12.2019 by the Ministry of Corporate Affairs. The issue of insolvency resolution of Personal Guarantors to Corporate Debtors has assumed importance only recently. Further, the issue of constitutionality of provisions of Personal Guarantors in IBC is pending before Hon’ble Supreme Court. In this backdrop, …

Quashing of NAPA’s order by Delhi HC for being arithmetically wrong, matter remanded back to NAPA

A division bench of Hon’ble Delhi High Court vide order dated 22.10.2020 has quashed the order passed by the National Anti-Profiteering Authority (NAPA) in the matter of Shree Sai Kripa Marketing v. UOI W.P.(C) No. 8161 of 2020 for being arithmetically wrong. The NAPA in the impugned order had held that the Petitioner had profiteered …

Hon’ble Gujarat HC set aside the order passed u/s 74 of the CGST Act, for being passed without following the PNJ and during the Complete lockdown

When the whole of the India was in complete lockdown from 24th March’20 to 31st May’20 due to COVID-19, and the Government was extending assistances to the assessees all over India in forms of extending the time limits for filing returns, payment of tax or by issuing circulars and directing the authority for expeditious disposal …

Much Awaited Functionality in Relation to Debit Note and Credit Note Deployed on the GSTN Portal

The GSTN has finally deployed the updated functionality in relation to the issuance of a debit note and a credit note against multiple invoices on the Portal. As per the new functionality, details of original invoice(s) number are not required to be mentioned while reporting the Debit/Credit Note. A brief look into the significant role …

Hon’ble High Court of Punjab & Haryana directed the Jurisdictional Authorities to consider the plea of the petitioner regarding the interest on delayed payment of refund

The “Punjab & Haryana High Court” in the case of Vinyl Tubes Pvt. Limited v. Union of India CWP No. 9863 of 2020, during hearing of the case, took notice that refunds in case of zero rated supplies are being delayed in number of cases for a considerable period of time; and when granted on …