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Please find tax updates in Newsletter 44 dated 17.06.2022 as below:

Index

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

Judgment and Ruling

CENVAT Credit cannot be claimed on expenses incurred on CSR: Delhi CESTAT

The Delhi Bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that expenses incurred by a person on activities related to its Corporate Social Responsibility (CSR) cannot be termed as input services and thus, CENVAT Credit cannot be claimed on it. The Bench, consisting of members Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member), ruled …

Subsidy received from the Govt. in the form of Refund of VAT and CST, to encourage industrial growth, is a capital receipt: Pune ITAT

The Pune Bench of ITAT has ruled that a subsidy granted by the State of Maharashtra, with the objective of encouraging industrial growth in less developed areas of the State, is a capital receipt even though the said subsidy is disbursed in the form of refund of Value Added Tax (VAT) and Central Sales Tax (CST). The Bench, consisting of …

Assessee should be given opportunity to produce evidence which has impact on tax liability: Calcutta HC

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax authorities must adjudicate upon the tax liability in accordance with the law. Similarly, if the assessee is unable to present …

GST Law

CGST Act, 2017

The Central Goods and Service Tax, 2017 updated as on 01.01.2022 as published by Central Board of Indirect Taxes and Customs - CBIC is reproduced below for your easy reference and reading. Your suggestion / feedback is welcome at [email protected] THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 (OF 2017) AS AMENDED BY THE - THE CENTRAL GOODS AND SERVICES …

GST in Media

Maharashtra: GST dept arrests construction firm director, looks for two others in Rs 50 crore ‘fraud’

The director of Jaatvedas Construction Company Private Limited, Hitesh Amrutlal Patel (42), was arrested by the Maharashtra Goods and Services Tax (GST) Department on Tuesday under a special operation carried out against tax-evading firms. The department is also looking for two other directors of the company, Ashok Mewani and Narendra Patel. The Metropolitan Magistrate Court has remanded Patel to judicial …

Parl panel: Extend GST Composition Scheme to e-sellers; onboarding MSMEs should be obligatory for e-commerce portals

A Parliamentary committee report on the promotion and regulation of e-commerce in India has opined multiple steps for the government to be taken to boost MSMEs’ e-commerce participation. Among the key suggestions in the report, submitted to the Rajya Sabha secretariat on Wednesday, was to extend the Goods and Services Taxes (GST) Composition Scheme to online sellers subject to the turnover threshold …

Thane ACB arrests assistant sales tax commissioner for graft

The Thane anti-corruption bureau arrested a senior officer with the sales tax (GST) department of the Maharashtra government allegedly for demanding and accepting a bribe from the complainant to the tune of Rs 20 lakh. The ACB official said, Dhananjay Shirsat who is the assistant sales tax commissioner (GST) has been arrested for the alleged crime. The deputy superintendent of …

GST Article

All you need to know about Garnishee Notice?

The Jharkhand High Court bench has held that Upon deposit of 10% of the disputed tax amount during pendency of appeals preferred by the petitioner, recovery of any remaining balance is deemed to have to been stayed automatically and the impugned Garnishee proceeding therefore, cannot be given effect to and has become infructuous. GARNISHEE NOTICE As per Black’s Law Dictionary, …

Author: Abhishek Raja Ram

Stringent Refund Procedure w.e.f 14.06.2022

Vide Instruction No. 03/2022-GST, F. No. CBEC-20/16/35/2019-GST, dated 14.06.2022 A detailed speaking order needs to be issued providing a basis for sanction/rejection of refund.Whether all the due returns have been filed by the applicant or not?Whether any dues are pending recovery from the applicant?Whether refund is required to be withheld/ any amount is required to be deducted?Whether SCN was issued …

Author: Rachit Agarwal

IMPORTANT CASE LAWS ON SHOW CAUSE NOTICE (SCN)

Below discussed case laws are part of article - Show Cause Notice Under GST- a complete analysis SCN can be quashed by HC in certain cases Cases where the Constitutional vires of the very enactment under which the proceedings are initiated is under challenge;Cases where the proceedings have been initiated or concluded in total violation of the principles of natural …

Author: M.S.VIJAYAKUMAR

Show Cause Notice Under GST- a complete analysis

What is Notice? A Notice is used in the sense of “observe” or “warning”, to bring someone to the attention of. On the other hand, the word “Notification” is used in the sense of “announcement”. Whenever our Clients get notice, we have to refer the Notifications. Notices under GST are communications made by the GST Authorities. A notice so issued, …

Author: M.S.VIJAYAKUMAR

GST Notices & Possible Solutions

Introduction: In the past 2 years there has been a spike in the number of GST notices. This is on account of completion of audit within time lines, data analytics being performed by the department, the recent slew of fake invoicing/fake ITC claim cases, and many more. Likely to increase due to the poor quality of AAR, Tribunals still to …

Author: CA Akshay Hiregange

Judgment

Credit Availed by Indian Overseas Bank on the Service Tax paid on deposit Insurance Service is eligible for CENVAT Credit: CESTAT

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the credit availed by the Indian Overseas Bank on the Service Tax paid on the basis of the premium paid to the Deposit Insurance and Credit Guarantee Corporation (DICGC) for insuring …

Author: Admin

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Compensation awarded for Property acquired for Bullet Train project not taxable: Bombay HC

Compensation or income received by certain land-owners on account of the property acquired by the National Hi-Speed Rail Corporation Ltd (NHSRCL) for the Mumbai-Ahmedabad bullet train project through private negotiations and sale deed is exempted from tax, the Bombay High Court has held. A division bench of Justices S V Gangapurwala and M G Sewlikar observed that merely because the …

Author: Admin

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IT Services provided by Assessee to Associate Company in USA amounts to Export of Service: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) and Raju (Technical Member) has ruled that IT services provided by the assessee to the associate company in the USA amount to an export of services. The Adjudicating Authority demanded the Service Tax, holding that the appellant’s supply of services to …

Author: Admin

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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 [email protected]
Thank you,

Regards,
OTU Team

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