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This website contains information about recent changes mainly in GST laws. It also contains Articles on various topic in GST. Please visit the website and read.

Hi Reader,


Please find tax updates in Newsletter 53 dated 06.11.2022 as below:

Index

1. Article
2. GST in media
3. CGST Law
4. Income Tax in Media
5. GST Notes by CMA Anil Sharma

1. GST Article

Arrest Memo Sans Specific Grounds of Arrest and CBIC-DIN Renders Detention Illegal Under GST

The Hon’ble Allahabad High Court in Ashish Tyagi allowed the habeas corpus petition and declared the arrest and consequent detention of the assessee under Section 132 of the CGST Act as illegal

Author: CA Bimal Jain
allahabad hc

ITC cannot be denied to bona fide recipient for supplier’s failure to deposit tax with the Government

The Hon’ble Gauhati High Court in M/s Metal Syndicate and Another set aside the OIO and the OIA confirming GST demand of Rs. 78,70,952/- along with interest and equivalent penalty, and held that a bona fide purchasing dealer cannot be denied ITC merely on account of the supplier’s failure to deposit the tax collected with the Government.

Author: CA Bimal Jain

Madras HC sets aside assessment order on seigniorage fees and stays enforcement pending the Supreme Court verdict

The Hon’ble Madras High Court (Madurai Bench) in Tvl. Manickavasagam S. set aside the assessment order passed under Section 74 of the TNGST Act pertaining to levy of GST on seigniorage fees

Author: CA Bimal Jain

Section 74 of the CGST Act cannot be invoked without granting opportunity to establish genuine supply of goods

The Hon’ble Madras High Court in P. Baskaran set aside the order imposing interest and penalty u/s 74 of CGST Act and remanded the matter for fresh consideration on the applicability of Section 74

Author: CA Bimal Jain

Want To Register GST Grievance? Get Set For A Marathon

Want To Register GST Grievance? Get Set For A Marathon
Deepak Bapat, an advocate in the Mumbai High Court, pointed out that even after four months of the tribunal being operational, several glitches remain.

Author: Admin

RoDTEP Benefit Cannot Be Denied for ‘Restricted’ Exports Permitted with Specific Authorization

The Hon’ble Bombay High Court in the case of Rika Global Impex Limited held that benefit under the RoDTEP Scheme cannot be denied to exporters of sugar merely because the export was categorized as ‘restricted’, ..

Author: CA Bimal Jain
The Hon’ble Bombay High Court in the case

Non-speaking GST Orders Violate Natural Justice Principles and are Liable to be Set Aside

Non-speaking GST Orders Violate Natural Justice Principles and are Liable to be Set Aside
The Hon’ble Punjab and Haryana High Court in the case of Hudson Insurance Brokers Private Limited held that an order passed without assigning any reasons and without considering the reply of the assessee is a non-speaking order and violative of principles of natural justice, and therefore liable to be set aside.

Author: CA Bimal Jain

Imposition of penalty on person under Section 122 of CGST Act 2017

whether partners of a partnership firm could be personally penalized under Section 122(1A) of the CGST Act, 2017 for tax evasion committed by the firm ?

Author: Admin
imposition of penalty u-s 122 of cgst act 2017

Time-limit for filing waiver application of interest and penalty under Section 128A is directory, not mandatory

The Hon’ble Karnataka High Court in the case of Sri Laxmi Borewell Agencies held that the time-limit prescribed for filing an application under Section 128A of the CGST Act for waiver of interest/penalty is directory and not mandatory

Author: CA Bimal Jain

Unreasoned GST Orders Violative of Natural Justice Liable to be Quashed

The Hon’ble Punjab and Haryana High Court in the case of M/s Bagga Vet Pharma held that an order passed without assigning

Author: CA Bimal Jain

2. GST in media

Govt extends GST Appellate Tribunal appeal filing deadline to July 31 after portal rush

Centre has extended the last date for filing appeals before the Goods and Services Tax Appellate Tribunal (GSTAT) to July 31, 2026, giving taxpayers an additional month to submit their cases after a surge in filings led to technical difficulties on the GSTAT portal. The extension applies to appeals filed under Section 112(1) read with Section 112(3) of the Goods …

Representation seeking extension of the last date for filing appeals before GSTAT by ICAI-NIRC

GST & IDT Committee has requested the Chairman, IDT Committee, ICAI, New Delhi to urgently represent before the respective forums for the date extension of GSTAT, i.e., 30-Jun-2026.

Tax authorities appeal to reinstate ₹368.72 crore GST penalty on Tata Steel

Tata Steel Limited said tax authorities have filed an appeal seeking restoration of penalties worth Rs. 368.72 crore that were earlier dropped in a GST adjudication order

Portal glitches put thousands of GST appeals at risk; experts seek deadline extension

Tax professionals, chartered accountants and industry bodies have urged the Finance Ministry to extend the filing window, warning that persistent technical glitches on the GSTAT portal could prevent thousands of taxpayers from filing their appeals before the deadline.

Firm moved to a new GST jurisdiction? CBIC issues clarity on how pending cases will be handled

Businesses shifting their principal place of business to a new GST jurisdiction will not have to restart pending tax proceedings..

Certificate of Meritorious Service (CBIC-CMS)

On the occasion of 9th GST Day to be celebrated on 1st July, 2026 the CBIC has decided to grant Certificate of Meritorious Service (CBIC-CMS) to the following officers:
9 year of gst certificate of meritorious

Representation seeking extension of the last date for filing appeals before GSTAT by MCTC

MCTC made a representation to FM Smt. Nirmala Sitharaman, on 26.06.2026 requesting an extension of the deadline for filing GSTAT appeals from 30th June 2026 to 31st December 2026.

Will former RBI governor Shaktikanta Das replace Nirmala Sitharaman as finance minister?

nirmala sitharaman shaktikanta das finance minister HRD
Sources indicated that Das is being considered for the post of Union finance minister, while the incumbent , Nirmala Sitharaman, is expected to be shifted to the human resource development (HRD) ministry.

57th GST Council meeting next month

Kolkata is likely to host the 57th meeting of the GST Council next month, sources said, although the Union Finance Ministry has not yet officially confirmed the venue or the schedule.
57th gst council meeting

Representation seeking extension of the last date for filing appeals before GSTAT by KSCAA

gstat extension
KSCAA has submitted a representation highlighting practical and procedural issues faced by taxpayers and professionals in relation to GSTAT...

3. GST Law

CGST Act, 2017

The Central Goods and Service Tax, 2017 updated as on 01.10.2022 is reproduced below for your easy reference and reading. Your suggestion / feedback is welcome at taxupdate.otu@gmail.com THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (OF 2017) AS AMENDED BY THE - THE CENTRAL GOODS AND SERVICES …

4. Income Tax in Media

Government extends CBDT chief Ravi Agrawal's tenure by 6 months

The Union government on Tuesday granted a six-month extension to the tenure of Central Board of Direct Taxes (CBDT) Chairman Ravi Agrawal till December 2026.

Financial changes from July 1, 2026: Check 6 key updates on ITR deadlines, Aadhaar, passport fees, SBI and HDFC Bank credit cards

Several important financial changes are set to take effect on July 1, 2026. These changes could impact taxpayers, bank customers, credit card users, passport applicants and Aadhaar card holders.
financial change

Husband trades through wife’s demat account, tax dept sends notice over clubbing of income

When Mr. Yadav from Kanpur filed his income tax return (ITR) for FY 2018-19, he combined his wife's stock market and F&O trading losses with his own income under clubbing provisions (Section 64(1)(iv)) and claimed a set-off, thereby reducing his total tax liability.

TDS challan mistake? Taxpayers need old TRACES portal to fix FY26 error

Taxpayers who have accidentally deposited tax deducted at source (TDS) challans under the wrong financial year during transition to the new Income-tax Act, 2025 will have to rely on the old TRACES portal to correct the mistake. 

5. GST Notes by CMA Anil Sharma

1) CGST Act in Slides form: Respected Shri CMA Anil Sharma, Shri CMA Gurdev Singh Saini and Respected Smt. CMA Bhawna Sharma presenting CGST Act / IGST Act in simple language in PPTs to make dealers, professionals, academicians, students etc. understand the basics of GST laws. Each Chapter in CGST Act, 2017 is explained in the form of Slides as given below for easy understanding of the Act:

e.g. as given below
Section-01-1 GST-01-01-1-2-When Goods and Service Tax (GST) was implemented in India
Read all Notes at Read more
Hope the above updates is of use to you. Please share your input and feedback at taxupdate.otu@gmail.com

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OTU Team

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