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Tag: GST Refund

GST Article

Is GST a complete law now?

byGaneshan Kalyani03/01/202303/01/2023

As on 7th November, 2022 the total count of notifications, circular, order etc. issued by CBIC in their website was 1144. But, when I visited CBIC website today on 3rd January, 2023, I found the count has been increased by…

GST ArticleHigh Court

Refund claim should not be rejected due to deficiency of GST network/software

byCA Bimal Jain01/01/202301/01/2023

The Hon’ble Gujarat High Court in Aartos International LLP v. Deputy Commissioner (Customs) [R/Special Civil Application No. 14649 of 2022, dated December 2, 2022] has held that the Assessees are not to be dragged to the Court when in fact…

Circular CGST

Circular No. 188/20/2022-GST dated 27.12.2022

byAdmin27/12/202217/01/2023

Prescribing manner of filing an application for refund by unregistered persons

GST in Media

Home buyers can seek GST refunds if contract cancelled

byAdmin20/12/202220/12/2022

The Goods and Services Tax Council has approved a formal procedure for home buyers to seek refund of taxes collected by real estate firms under cancelled contracts. “There is no procedure for claim of refund of tax borne by the…

Pre-GSTSupreme Court

CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws

byCA Bimal Jain11/12/202211/12/2022

The Supreme Court of India (“the Supreme Court”) in the case of Commissioner of Central Excise & Service Tax v. Merino Panel Product Ltd [Civil Appeal No. 6891 OF 2018 dated December 5, 2022] held that the Circular No. 643/34/2002-CX …

GST in Media

State Vigilance Bureau arrests a trader for fraudulently taking GST refunds

byAdmin21/11/202221/11/2022

The State Vigilance Bureau has arrested a trader, Amit Bansal, a resident of Sirsa town, in an alleged case of fraudulently taking tax refunds of about Rs 54 crore by registering shell firms. The Vigilance registered a case against Padam…

GST ArticleHigh Court

Genpact- Not an Intermediary, thus, eligible for Refund

byCA Bimal Jain20/11/202220/11/2022

The Hon’ble Punjab and Haryana High Court in the case of Genpact India Pvt. Ltd. v. Union of India, [CWP-6048-2021 (O&M)] ruled that Genpact India cannot be treated as an intermediary, and is therefore eligible for Goods and Services Tax…

GST ArticleHigh Court

Application’s common-portal filing date is “relevant” when construing limitation

byCA Bimal Jain15/11/202215/11/2022

The Hon’ble Gujarat High Court, in the case of Chromotolab and Biotech Solutions v. Union of India, [R/SPECIAL CIVIL APPLICATION NO. 16308 of 2020] ruled that the date of filing of the application by the assessee on common portal would…

GST in MediaHigh Court

Genpact India not intermediary, to get refund under GST: Punjab & Haryana HC

byAdmin14/11/202214/11/2022

In a major ruling, Punjab & Haryana High Court has quashed a demand by the GST Department against Genpact India on the issue of intermediary versus BPO (Business Process Outsourcing). The Court also directed refunds to be given. GST law…

Circular CGST

Clarifications on refund related issues – reg.

byAdmin11/11/202223/11/2022

CBIC has published a Circular No. 181/13/2022-GST having F. No. CBIC-20021/4/2022 dated 10.11.2022 Attention is invited to sub-section (3) of section 54 of CGST Act, 2017, which provides for the refund of unutilized input tax credit in cases where credit…

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