Tax
Payment To Third Party Instead Of Selling Dealer, ITC Not Allowable: Calcutta High Court
The Calcutta High Court has held that the writ petitioner is not entitled to the benefit of input tax credit as he has not paid the amount to the selling dealer but to a third party.The bench of Chief Justice T.S. Sivagnanam and Justice Supratim Bhattacharya has observed that the writ petitioner is precluded from adding words to a statute to state that he will be entitled to the benefit of...
Patna High Court Imposes Fine Of Rs. 5,000 On GST Officer For 'Forcible And Illegal Recovery' Amid Non-Functional GST Tribunal
In a recent ruling, the Patna High Court slapped a fine of Rs 5,000 on a Goods and Services Tax ( GST ) officer for forcible and illegal recovery of the full tax amount from a man waiting to avail the statutory remedy of appeal before GST tribunal which has not been made functional in Bihar. The court has directed the department to reimburse the entire collected tax within 2 weeks. The ruling...
CESTAT Quashes Service Tax Demand Against HSBC Electronic Data Processing India On Back Office Support Services Exported To Its Group Entity
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand against HSBC Electronic Data Processing India on back office support services exported to its group entity.The bench of Anil Choudhary (Judicial Member) and A.K. Jyotishi (Technical Member) has observed that there is a connection between the visits of foreign customers and...
GST Registration Can't be Cancelled Retrospectively For Non-Filing Of Returns: Delhi High Court
The Delhi High Court has held that GST registration cannot be cancelled with retrospective effect for mere non-filing of returns.The bench of Justice Sanjeev Sachdev and Justice Ravinder Dudeja has observed that simply because a taxpayer has not filed the returns for some period does not mean that the taxpayer's registration is required to be cancelled, with a retrospective date also covering...
Excise, Revenue And Other Departments Will Not Have Priority Over Secured Creditors: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that departments of the state, including excise and revenue, will not have priority over the secured creditors' debt.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the dues of the secured creditor, i.e., the appellant bank, will have priority over the dues of the Central Excise Department, as even after the...
Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. Sandhawalia and Justice Lapita Banerji has stayed the passing of final orders in Section 73 cases for the fiscal year 2018-19. Section 73 deals with the determination of tax not paid or short paid...
CBIC Imposes Additional Duty On Customs On Spent Catalyst Or Ash Containing Precious Metals, Gold Or Silver Findings And Coins Of Precious Metals
The Central Board of Indirect Taxes and Customs (CBIC) has imposed an additional duty on customs (AIDC) on spent catalysts or ash containing precious metals, gold or silver findings and coins of precious metals.The amendment imposes Additional Duty on Customs (AIDC) on items falling under tariff headings 7112, 7113, and 7118. The revised rates are set at 4.35% for spent catalyst or ash...
Kerala GST Dept. Issues Guidelines On Filing Appeals In Absence Of GSTAT
The Kerala GST department has issued the guidelines on filing appeals in the absence of the Goods and Service Tax Appellate Tribunal (GSTAT).Sub-section (1) of Section 112 of CGST/SGST Act provides that any person aggrieved by an order passed against him under section 107 or 108 of the Act may file an appeal to the Appellate Tribunal against such order within three months from the date on...
Indirect Tax Weekly Round-Up: 14 To 20 January 2024
Delhi High Court Delhi High Court Directs Customs Commissioner To Release Amount After Realising Redemption Fine, Penalty From Seized Foreign Currency Case Title: Oguljeren Hajyyeva Versus Commissioner Of Customs The Delhi High Court has directed the Customs Commissioner to release the remaining amount after realising the redemption fine and penalty from the seized...
Direct Tax Weekly Round-Up: 14 To 20 January 2024
Direct Tax Weekly Round-Up: 14 To 20 January 2024 Supreme Court Taxpayer Entitled To Hearing On Merits If Appeals Were Dismissed By HC For Delay In Filing Paper-Book: Supreme Court Case Title: Herbicides India Limited verses ACIT While setting aside the Rajasthan High Court orders, the Supreme Court restored the assessee's appeals by condoning the delay in filing the...
CBIC Extends Exemption Deadline From Deposits For Goods U/S 51A(4) Of The Customs Act till March 01, 2024
The Central Board of Indirect Taxes and Customs (CBIC) has extended the exemption from Deposits for Specified Goods under section 51A(4) of the Customs Act till March 01, 2024.Earlier, the deadline for exemption from Deposits for Specified Goods under section 51A(4) of the Customs Act was till January 20, 2024.The extension of exemption applies to goods imported or exported in customs...
GSTN Issues Advisory On Payment Through Credit Card/Debit Card And UPI
The Goods and Service Tax Network (GSTN) has issued an advisory on payment through a credit card (CC) or debit card (DC) and the Unified Payments Interface (UPI).To facilitate payment through a credit card (CC) or debit card (DC) and the Unified Payments Interface (UPI), two new facilities of payment have now been provided under e-payment in addition to net banking.Payment through CC/DC/UPI...