Category: Article

List of articles posted by experts on various topics

ArticleGST Article

Madras HC quashes Section 74 SCN for 28% GST chargeable on on Tubes, Tyres and Flaps treated as ‘composite

byCA Bimal Jain

The Hon’ble Madras High Court in the case of MRF Ltd. v. Additional Director DGGI & Anr. held that where the Petitioner voluntarily disclosed short payment on Tyres Tubes and Flaps (TTF) supply treating it as composite supply at 28% rate vide communication dated January 7, 2019 and paid entire tax with interest on February 21, 2019 before DGGI investigation, no fraud, wilful misstatement or suppression exists..

ArticleGST Article

Calcutta HC upholds CESTAT’s decision of setting aside of demand of interest on revenue-neutral

byCA Bimal Jain

The Hon’ble Calcutta High Court in the case of Commissioner of Central Excise, Bolpur Commissionerate v. M/s Steel Authority of India Limited held that no substantial question of law arises from the Tribunal’s order which, on finding the situation revenue-neutral, set aside demand of interest  and consequently declined to interfere with the Tribunal’s decision.

ArticleGST Article

Circular denying refund on ‘Deemed Export’ Refunds can’t be applied to Actual Exporters of Zero-Rated Supplies

byCA Bimal Jain

The Hon’ble Gujarat High Court in the case of Shah Paperplast Industries Ltd. & Anr. held that CBIC’s Circular No. 172 dated July 06, 2022, which restricts refund of tax paid on ‘deemed exports,’ cannot be invoked to deny refund of unutilized ITC to actual exporters under Section 54(3), where neither the supplier nor recipient has claimed deemed export benefits, and all supplies have been shown as regular B2B exports.

ArticleGST Article

Compliance of Same-Month ISD Credit Distribution Procedure is Ultra vires

byCA Bimal Jain

The Hon’ble Telangana High Court in M/s. BirlaNu Ltd. struck down Rule 39(1)(a) of the CGST Rules and quashed the consequential Final Audit Report and show-cause notice, holding that the rule, to the extent it mandates distribution of Input Tax Credit by an Input Service Distributor within the same month, is ultra vires Section 20 of the CGST Act, as the parent act did not delegate the power to prescribe such a time limit.

ArticleGST Article

Supreme Court Admits Revenue’s Appeal on Revenue Neutrality in Inter-Unit Excise Valuation Dispute

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Commissioner of Central Excise & Service Tax held that Revenue’s appeal against CESTAT Kolkata’s finding of revenue neutrality in Steel Authority of India Limited’s (“SAIL”) inter-unit transfer of refractory materials was admitted, condoning delay and keeping the question of law open, as the Tribunal had set aside excise duty demands holding the transaction to be revenue-neutral.

ArticleGST Article

Review Petition by Revenue dismissed against earlier Order Quashing GST Demand on Breach of Natural Justice

byCA Bimal Jain

The Hon’ble Calcutta High Court in the case of The Assistant Commissioner of West Bengal State Tax, Cooch Behar Charge & Ors. held that the Revenue’s review petition against the earlier judgment quashing the demand for violation of principles of natural justice was not maintainable, as no error apparent on the face of the record, no discovery of new evidence, and no other statutory ground for review under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 were made out.

ArticleGST Article

SC decides on interpretation of Section 5 of the Limitation Act requiring “sufficient cause” demonstration for entire limitation period

byCA Bimal Jain

The Hon’ble Supreme Court in the case of Shivamma (Dead) by LRs v. Karnataka Housing Board & Ors. held that for condonation of delay under Section 5 of the Limitation Act, 1963 the expression “within such period” means the entire duration from when the cause of action accrued or limitation commenced until actual filing

ArticleCustoms Article

SC Upholds import of gold and silver bars under Duty-Free Imports under DFCE Scheme was valid, rejecting alleged Circular Trading and fraudulent entitlement

byAdmin

The Hon’ble Supreme Court in the case of Commissioner of Customs, Ahmedabad, after  condoning the delay and uphold the CESTAT Ahmedabad judgement that the imports of gold and silver bars made by Adani Enterprises Ltd. under the Duty-Free Credit Entitlement (“DFCE”) licenses issued by DGFT were valid, rejecting allegations of fraudulent entitlement and circular trading.