Latest update 21.09.2024

A. Amendment

DGFT-Public Notice No. 24/2024-25 dated 20.09.2024

DGFT published a Public Notice no. 24/2024-25 dated 20.09.2024 to make amendment in Chapter 5 of the Handbook of Procedures (HBP) 2023, related to EPCG Scheme to reduce ‘Compliance Burden’ and enhance ‘Ease of doing Business’.

B. Notes

Lawgics – Judgment No. 176

by Adv Nidhi Aggarwal

Procedural lapse in Part B of the E-way bill was minor and curable and goods were moved within the same company’s establishments, not for sale, thus penalty order were set aside.

GST DAILY – 261

by CA Pradeep Modi

HC directed GST authorities to open portal to enable assessee to file GST return

GST DAILY – 262

Assessee isn’t required to request for opportunity of personal hearing; it is mandatory to afford such opportunity

GST DAILY – 263

Immovable property of assessee can’t be attached before expiry of statutory period of three months; HC directed to issue release order

GST DAILY – 264

Advisory on launch of E-Way Bill 2 Portal

C. Article

Extension of time limits under Section 73(9) vide Notification No. 56/2023 CT – unconstitutional Guwahati High Court

by R.SRIVATSAN, IRS, NACIN, Chennai

The Hon’ble Guwahati High Court has quashed the validity of Notification No. 56/2023, CT, dt:23-12-2023, in the case of Shree Shyam Steel Vs UOI [WP(C)/ 3838/2024] regarding the extension of time for passing orders under Section 73(9) of the CGST Act for the financial years 2018-19 and 2019-20.

Interest is mandatory to be paid on refundable pre-deposit of an appeal

The CESTAT, Allahabad in the case of M/s India Yamaha Motor Pvt. Ltd. allowed appeal and ruled that even if the interest is not claimed specifically by an Assessee, that does not absolve the Adjudicatory Authority from mandatory legal responsibility to grant interest on the amount refunded.

There is no provision to disclose the route of transportation of goods under the GST Law

The Hon’ble Allahabad High Court in the case of Vishal Steel Supplier found the detention of goods unjustified and that, unlike the Value Added Tax Act, 2008 (“the VAT Act”), there is no specific provision in the Goods and Services Tax Act, 2017 (“the CGST Act”) which requires Assessee to disclose the route of transportation. Consequently, the Court quashed the detention orders and mandated the refund of any amount deposited.

Registered Person eligible to avail ITC on capital goods used in installation of electricity line for receiving supply of electricity whose ownership would be transferred to electricity distributor

by CA Bimal Jain

The AAR, Gujarat in the case of M/s Elixir Industries (P.) Ltd. [Advance Ruling No. Guj/Gaar/R/2024/18 Dated July 02, 2024] ruled that registered person is eligible to avail Input Tax Credit (“ITC”) on capital goods i.e. wires and cables used in installation of electricity line for receiving supply of electricity used as input; whose ownership would be transferred to electricity distributor/bu

Whether demand can be confirmed if the petitioner fails to prove the actual movement of goods?

Yes, the Honorable High Court of Allahabad in case of M/s. Anil Rice Mill the writ petition filed by the petitioner stating that the primary responsibility of claiming the benefit is upon the dealer to provide and establish the actual physical movement of goods, genuineness of transactions, etc.

Benefit of refund cannot be claimed under Inverted Duty Structure relating to manufacturing of non-edible neem oil

by CA Bimal Jain

The AAR, Uttar Pradesh in the case of In Re. M/s Pooja Solvent Private Limited ruled that non-edible neem oil would be classifiable under HSN Code 1515 and the provisions of Notification No. 09/2022-Central Tax (Rate) dated July 13, 2022 would be applicable and therefore, the benefit of refund cannot be claimed under Inverted Duty Structure relating to manufacturing of non-edible neem oil.

Demand Order cannot be passed without issuance of SCN

by CA Bimal Jain

The Hon’ble Himachal Pradesh High Court in the case of M/s. Microtek Himachal Power Products (P.) Ltd. disposed the writ petition and directed that the erroneous order passed with wrong description be treated as SCN and be further adjudicated upon after the filing of reply to the deemed SCN.

D. Tax in Media

GST fraud case: ACB arrests two more in refunds case linked to 500 non-existent firms

The Anti-Corruption Branch (ACB) arrested two more accused in the alleged scam of fraudulent Goods and Services Tax (GST) refunds in the Trade and Taxes department of the Delhi government. The ACB had already arrested one GSTO, three advocates, two transporters and one proprietor of fake firms on August 12. 

E-way bill generation surges to all-time high at 10.55 crore in August

Improved compliance along with strictness by filed formation led to e-way bill generation surged to all-time high at 10.54 crore in August, data from GSTN showed.  

GST Council Meeting: Centre-State IGST Panel To Address Negative Balance Issue

A newly constituted State-Centre Integrated GST panel will convene on Friday to discuss ways to tackle the “negative balance” on Integrated Goods and Services Tax, a finance ministry official said.

Dispute over food GST: Gujarat High Court rules in company’s favour

Amid disputes over the contentious issue of goods and services tax (GST) rates on food items, the Gujarat high court has quashed a show cause notice sent by the GST authorities to a company, asking it to pay 18 per cent tax on unfried or uncooked extruded snack pellets.

Drive to identify bogus GST registrations underway

After a series of bogus billing scams dented the exchequer’s revenues through massive tax evasion, the state and central goods and services tax departments in Gujarat have launched a drive to identify bogus GST registrations. The drive is part of a nationwide effort to curb tax evasion through fake billing.

Cosmo Film case: Gujarat HC order to provide relief to importers

In what could come as relief for many Indian Importers who were under investigation by the Directorate of Revenue Intelligence (DRII) and respective jurisdictional commissioners for allegedly availing dual benefits

Direct Tax Vivad Se Vishwas scheme, 2024 to come to force from 1 October

The Union government on Friday said the second edition of the Direct Tax Vivad Se Vishwas Scheme 2024, which will help reduce litigation and bring certainty for taxpayers, will become operational from 1 October.

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