A. Advisory
Archival of GST Returns data on GST portal
GSTN issued Advisory on data archival whereby taxpayers are advised to download their relevant data from the GST portal for any future reference.. The data won’t be available in GSTN to view beyond 7 years for taxpayers.
B. Article
Conditional waiver of interest or penalty or both, relating to demands raised under Section 73, for FY 2017-18 to FY 2019-20.
by Aditya Singhania
100% waiver from interest and penalty In respect of demand notices issued u/s 73 for the initial three years of GST implementation i.e., FY 2017-18, FY 2018-19 and FY 2019-20.
Credit notes and its tax adjustments in light of the clarification issued by the CBIC on evidence to be considered for post-sale discount
by Aditya Singhania
Credit notes in GST amidst clarifications by the CBIC on post-sale discount related tax adjustments
Notification No. 56/2023-CT ultra vires S. 168A for extending timeline for passing GST Order for FY 2018-19 and 2019-20
by CA Bimal Jain
The Hon’ble Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) in M/s Barkataki Print and Media Services held that the Notification No. 56/2023-Central Tax dated December 28, 2023 is ultra vires the provisions of Section 168A of the Central Goods and Services Act, 2017 as well as there being no notification issued by the State Government in conformity with Section 168A of the Assam Goods and Services Act, 2017 and is not legally sustainable in law. Accordingly, the same is set aside and quashed.
Appeal cannot be rejected due to technical defect
by CA Bimal Jain
The Hon’ble Madras High Court in Indian Potash Ltd. held that non-production of hard copy of order is only technical defect and the appeal is required to be processed provided the appeal was filed within time.
No Supply on Salary deductions for Canteen Services & ITC available if Obligatory
by CA Bimal Jain
The Gujarat AAR, in the case of M/s Allemia India Private Limited, ruled that the deduction made by the Applicant from employees’ salaries for food provided at the factory premises does not qualify as a “supply” under Section 7 of the CGST Act and the GGST Act. Further, the Applicant is entitled to ITC on GST charged by the canteen service provider (“CSP”), in accordance with Section 17(5)(b) (amended from February 1, 2019) and CBIC Circular No. 172/04/2022-GST dated July 6, 2022, read with Section 46 of the Factories Act, 1948 and Gujarat Factories Rules, 1963. However, ITC is restricted to the cost borne by the Applicant, excluding the proportionate credit embedded in amounts recovered from employees.
Note on Archival of GST Returns data
by R.SRIVATSAN, IRS, NACIN, Chennai
GSTN shall archive the data old than 7 years from GST portal.
GST DAILY – 266
by CA Pradeep Modi
Ruling can be declared void ab initio by AAR if facts were suppressed by applicant: AAAR
GST DAILY – 267
by CA Pradeep Modi
HC held that demand in order cannot exceed the demand proposed in SCN; directed to treat such order as final SCN.
GST DAILY – 268
by CA Pradeep Modi
Penalty set aside by HC in case of mere minor discrepancy in E-way bill as intent to evade tax is not there.
GST DAILY – 269
by CA Pradeep Modi
Proper Officer can’t reject assessee’s reply without considering it on merits: HC
GST DAILY – 270
by CA Pradeep Modi
Adverse order can’t be passed without hearing assessee even if he didn’t file his response to SCN: HC
C. Notes
Lawgics – Judgment No. 178
by Adv. Nidhi Aggarwal
Section 6(2)(b) prohibits the initiation of parallel proceedings by State and Central authorities on the same subject matter.
Once a proceeding is initiated by State Tax Authority, the DGGI cannot initiate parallel proceedings on the same subject matter i.e. regarding the same supplier.
D. Tax in Media
CID to probe Rs 1,400 crore GST fraud case against former chief secretary
The case of alleged GST fraud of nearly Rs 1,400 crore booked against former chief secretary Somesh Kumar and four others, including an IIT-H assistant professor and commercial tax department officials, will be transferred to the Crime Investigation Department (CID). Official orders in this regard would be issued soon, confirmed sources.
Two-day GST Summit in Goa: GoM to review tax rates for 100+ products
The six-member Group of Ministers (GoM), chaired by Bihar Deputy Chief Minister Samrat Choudhary, will convene in Goa on Tuesday and Wednesday to discuss tax rates for over 100 products, including fertilisers, handloom goods, and textiles, according to sources.
Real estate GoM meets on Sept 24 in Goa to discuss GST levy on properties
As the government gears up for the 55th GST Council meeting, likely to take place in November 2024, the council’s nominated Group of Ministers (GoM) has begun holding meetings. The GoM on “boosting the real estate sector under GST,” headed by Pramod Sawant, Chief Minister of Goa, is scheduled to meet on September 24.
GST officers detect 10,700 bogus firms, over Rs 10K crore evasion
Tax officers have detected around 10,700 fake registrations under the GST, involving evasion of Rs 10,179 crore in the ongoing all-India drive against fake companies set up to defraud the exchequer, a senior official said on Tuesday.
SC discarded 573 tax cases post-revision in appeal filing: Finance ministry
The finance ministry on Tuesday said the Supreme Court has disposed of 573 direct tax cases after the monetary limits for filing appeals were revised in the Budget.
Rs 382 cr tax notice unveils Aadhaar, PAN misuse scam in Thane involving multiple bank accounts
A real estate agent from Thane’s Diva was taken aback upon receiving an income tax notice accusing him of transactions totalling Rs 382 crore, reported TOI.
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