Category: GST Article

Gist of GST Articles

ArticleGST ArticleGSTAT

Rule 43 Amendment Excluding Duty Credit Scrips from Exempt Supplies Applies Prospectively; Section 74 Cannot Be Invoked Absent Suppression

byCA Bimal Jain

The GSTAT, Kolkata Bench in the case of Commissioner, CGST & CX, Kolkata North Commissionerate partially allowed the appeals filed by the Revenue and held that the benefit of exclusion of the value of Duty Credit Scrips from the aggregate value of exempt supplies, introduced by insertion of clause (d) in Explanation 1 to Rule 43 of the Central Goods and Services Tax Rules, 2017

ArticleGST Article

Omission of Rule 96(10) of the CGST Rules without a saving clause nullifies all pending proceedings

byCA Bimal Jain

The Hon’ble Supreme Court in M/s. Goodluck India Limited & Anr. dismissed the appeals filed by the Revenue and declined to interfere with the judgment of the Hon’ble Gujarat High Court in Addwrap Packaging Pvt. Ltd. &A nr. , thereby affirming that the omission of Rule 96(10) of the CGST Rules vide Notification No. 20/2024-Central Tax dated October 08, 2024, without any saving clause, applies squarely to ..