Breaking news:
GST NEWS
Fake GST invoice racket: 357 arrested so far, including 12 CAs
In the fake GST invoices fraud, the DGGI had apprehended 357 people comprising 12 Chartered Accountants (CA), an advocate, and a company secretary (CS). The...
Assessment
Proceedings without assessment is void ab initio.
Case Details:
Particular
Details
Case No.
W.P. NO. 26187 of 2019
Case Name
V.N. Mehta & Company v. Assistant Commissioner, Nungambakkam, Chennai
Court
Madras High Court
Date of Judgement
08-11-2019
Citation
GIG-CLS-0083
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Issue- In the above case,...
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GST UPDATES
Toll tax paid by the rent a cab supplier shall be exigible to GST
As per provisions of Section 15 (2) (c) of...
GST UPDATES
Declaration of Taxable turnover in form GSTR 3B by E commerce operator
According to Section 2(44) of CGST Act, 2017, ‘Electronic...
Recent Advance Rulings
20% limit under Rule 36(4) is to be seen Act wise and no refund of amount deposited
admin -
The new Rule 36(4) has created waves across all assessees. For the first time, a serious examination of...
Rule 36(4) – Is it intra vires the Act?
admin -
While Rule 36 provides for the condition of entitlement, Section 49 read with Rule 86 provides for as to how much ITC shall be credited to the electronic credit ledger. There is a big difference between entitlement and crediting of amounts to the ledger. Any restriction on entitlement should be brought by way of Section 16, while any restriction on the crediting of such amount in the electronic credit ledger should be brought vide Section 49. The Sub Rule provides for the restricting the entitlement itself (as it forms part of Rule 36), which means that ITC which was otherwise available to him has been made ineligible merely on account of non uploading of details by the supplier.
GST Updates
GST on Services provided by Charitable trusts registered under section 12A of Income Tax Act, 1961
admin -
Swayam, In re
Ruling by: Authority for Advance Ruling, West Bengal
Facts:
The applicant was a charitable trust under section 12A of Income Tax...
Member's Query
Weekly Updates
Sector wise GST Updates
GST UPDATES
GST on Refundable interest free deposit
Rajkot Nagarik Sahakari Bank Ltd, In re
Ruling by:...
GST NEWS
GST on interest subvention scheme
Daimler Financial Services India (P.) Ltd, In re
Ruling...
Inspection Search Seizure and Arrest
Goods and Vehicles cannot be seized due to Non filling of Part-B of E-way bill due to technical portal error.
Case Details:
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Details
Case No.
WRIT. C NO. 22285 of 2019
Case Name
Citykart...
Inspection Search Seizure and Arrest
Service of Show Cause Notice on driver is not sufficient to be equated with adequate opportunity.
Case Details:
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Details
Case No.
WP(MD)No. 24778 of 2022
Case Name
Ramki Cements Pvt...
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Offences and Penalties
Anticipatory Bail for offences committed under GST Act
Case Details:
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Details
Case No.
Bail Appln. No. 3771 of 2021
Case Name
Tarun Jain v. Directorate General of GST Intelligence (DGGI)
Court
Delhi High Court
Date of Judgement
26-11-2021
Citation
GIG-CLS-0102
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Issue- In the above case,...
Refunds
Merely Assessee has availed higher drawback rates under Column A of the of Customs Notification No. 131/2016, dated 31-10-2016 does not keep away Assessee...
Case Details:
Particular
Details
Case No.
WP (C) NO. 2694 of 2019
Case Name
TMA International (P.) Ltd. v. Union of India
Court
Delhi High Court
Date of Judgement
26.03.2021
Citation
GIG-CLS-0100
Â
Issue- In the above case,...
Levy and Collection of Tax
State was not liable to pay service tax on amount received for providing securities to various banks being the duty of the state.
Case Details:
Particular
Details
Case No.
CWP NO. 17118 of 2013 (O&M)
Case Name
State of Punjab v. Union of India
Court
High Court of Punjab & Haryana
Date of Judgement
13-09-2018
Citation
GIG-CLS-0099
Â
Issue- In the...
Levy and Collection of Tax
Government of Rajasthan has power to charge tax/cess payable under the provisions of Rajasthan Agriculture Produce Marketing Act, 1961 from its members post GST...
Case Details:
Particular
Details
Case No.
Civil Writ Petition No. 1451 of 2018
Case Name
Imarti Lakdi Vyapari Sansthan, Jodhpur v. State of Rajasthan
Court
Rajasthan High Court (Jodhpur)
Date of Judgement
29-10-2018
Citation
GIG-CLS-0098
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Issue- In...
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Offences and Penalties
Tax and Penalty could not be imposed without taking into consideration the documents which proves the vehicle has reached the destination location.
Case Details:
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Details
Case No.
Writ Petition No. 17297 of 2021 (T-RES)
Case Name
M.S. Metals & Steels Ltd. v. Commercial Tax Officer
Court
Karnataka High Court
Date of Judgement
09-12-2021
Citation
GIG-CLS-0097
Â
Issue- In the...
Transitional Provisions
Transition of Excess TDS available from Pre-GST Regime to Post-GST Regime.
Case Details:
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Details
Case No.
W.P. (T) NO. 4572 of 2021
Case Name
Anvil Cables (P.) Ltd. v. State of Jharkhand
Court
Jharkhand High Court
Date of Judgement
21-02-2023
Citation
GIG-CLS-0096
Â
Issue- In the above case,...
Inspection Search Seizure and Arrest
Expired E-way bill does not mean that such movement is meant for tax evasion.
Case Details:
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Details
Case No.
W.P. NO. 32960 of 2022
Case Name
Tvl.Thiruvannamalaiyar Transport v. Deputy State Tax Officer
Court
Madras High Court
Date of Judgement
13-12-2022
Citation
GIG-CLS-0095
Â
Issue- In the above case, the petitioner...
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Some Important
GST UPDATES
GST on Services provided by Charitable trusts registered under section 12A of Income Tax Act, 1961
Swayam, In re
Ruling by: Authority for Advance Ruling,...
Articles
Association of Inner Wheel Clubs of India, In re [11/WBAAAR/2018]
Ruling by: Appellate Authority for Advance Ruling, West Bengal
Facts
The...
GST UPDATES
GST on Refundable interest free deposit
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Ruling by:...
GST NEWS
GST on interest subvention scheme
Daimler Financial Services India (P.) Ltd, In re
Ruling...
Inspection Search Seizure and Arrest
Goods and Vehicles cannot be seized due to Non filling of Part-B of E-way bill due to technical portal error.
Case Details:
Particular
Details
Case No.
WRIT. C NO. 22285 of 2019
Case Name
Citykart...
Inspection Search Seizure and Arrest
Service of Show Cause Notice on driver is not sufficient to be equated with adequate opportunity.
Case Details:
Particular
Details
Case No.
WP(MD)No. 24778 of 2022
Case Name
Ramki Cements Pvt...
Offences and Penalties
Anticipatory Bail for offences committed under GST Act
Case Details:
Particular
Details
Case No.
Bail Appln. No. 3771 of 2021
Case Name
Tarun Jain...
Refunds
Merely Assessee has availed higher drawback rates under Column A of the of Customs Notification No. 131/2016, dated 31-10-2016 does not keep away Assessee...
Case Details:
Particular
Details
Case No.
WP (C) NO. 2694 of 2019
Case Name
TMA...
Levy and Collection of Tax
State was not liable to pay service tax on amount received for providing securities to various banks being the duty of the state.
Case Details:
Particular
Details
Case No.
CWP NO. 17118 of 2013 (O&M)
Case Name
State...