Tax
Gujarat High Court Orders Refund Of IGST With Interest In An Inadvertent Tax Payment Case
The Gujarat High Court has directed the refund of the Integrated Goods and Service Tax (IGST) amount, along with applicable interest, to a petitioner who inadvertently paid IGST at a higher rate than the concessional rate applicable.The petitioner, Tagros Chemicals India Pvt. Ltd., had been registered under GST since its introduction, and the case pertained to a purchase order received...
CESTAT Allows CENVAT Credit To Hero Motocorp On Helmet Locks Supplied Along With Motorcycles
The Chandigarh Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the CENVAT Credit to Hero Motocorp on helmet locks supplied along with motorcycles.The bench of S. S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) observed that as per the provisions of the Motor Vehicle Act, a Helmet and lock are required to be supplied along with the motorcycles....
DGFT Imposes Import Restrictions On Laptops, Tablets, Computers & Servers With Immediate Effect
The Directorate General Of Foreign Trade (DGFT) has notified the import restrictions on laptops, tablets, computers & servers with immediate effect.The import of Laptops, Tablets, All-in-one Personal Computers, and Ultra small form factor Computers and Servers falling under HSN 8471 shall be ‘Restricted’ and their import would be allowed against a valid Licence for Restricted...
No Order On Merits Can Be Passed If Appeal Is Defective For Non-Production Of Certified Copy: Bombay High Court
The Bombay High Court has held that if the appeal is defective for non-production of a certified copy, failure to deposit, or incorrect signatures, no order on merits can be passed. The appellate authority erred in law in passing an order on the merits.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that the Commissioner (Appeal), having not given an opportunity to...
ITC Can’t Be Availed On Test Drive Vehicle When Retained In Workshop As Replacement Vehicle: AAR
The Telangana Authority of Advance Ruling (AAR) has held that Input Tax Credit (ITC) cannot be availed on test-drive vehicles when retained in a workshop as a replacement vehicle.The bench of S.V. Kasi Visweswara Rao and Sahil Inamdar have observed that the availability of ITC depends on the occurrence of a future event, i.e., whether he retains the vehicle in his workshop as a...
No TDS Deductible On Commission Payment To Non-Resident Agent Overseas: Delhi High Court
The Delhi High Court has held that commission payments to non-resident agents overseas are not chargeable to tax and there is no TDS required to be deducted under Section 195 of the Income Tax Act.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that there is no material on record to even remotely suggest that the non-resident, who had been paid the export commission,...
Patna High Court Deprecates State Tax Authority's Conduct; Orders Restoration Of Refund Application
In a significant ruling, the Patna High Court criticized the State Tax Authority for its handling of a refund application filed by Progressive Constructions Limited and set aside the impugned order. The court, in its judgment, expressed strong disapproval of the Officer's conduct and restored the refund application before the appropriate authority. The case revolved around the...
CGST Rules | Remedy Under Rule 159(5) Against Provisional Attachment Must Be Availed Before Approaching Court: Allahabad High Court
The Allahabad High Court has held that Rule 159(5) of the Central Goods and Service Tax Rules, 2017 which provides remedy to file objections against the attachment of property must be availed before approaching the Court.CGST Department carried out an investigation against 3 persons including the petitioner and her husband for availing and passing on wrong Input Tax Credit by creating...
Subway Charging Royalty And Advertising Expenses Does Not Amounts To Profiteering: CCI
The Competition Commission of India (CCI), while providing relief to Subway, held that charging royalty and advertising expenses does not amount to profiteering.The bench of Ravneet Kaur (Chairperson), Sangeeta Verma (Member), and Bhagwant Singh Bishnoi (Member) observed that the rate of GST in respect of Royalty Services was 12% and the rate of GST on Advertisement Charges was 5% in the case...
Assessee Ought To Have Waited For Relevant Form To Go Live On GST Portal Instead Of Making Illegal Adjustment: Allahabad High Court
The Allahabad High Court has held that the assessee ought to have waited for the relevant form to go live on the GST portal instead of making an illegal adjustment.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has observed that it was incumbent upon the petitioner to have raised a proper grievance on the GST portal help-desk and ought to have waited for the...
CBDT Exempts IFSC’s Unit From TDS Deduction On Ships Leasing Income
The Central Board of Direct Taxes (CBIC) has exempted the unit of the International Financial Services Centre (IFSC) from TDS Deduction on ship leasing income."Central Government hereby specifies that no deduction of tax shall be made under Section 194-I of the Income-tax Act on payment in the nature of lease rent or supplemental lease rent, as the case may be, made by a person (lessee) to...
CBIC Notifies “Account Aggregator” For Sharing Information Under CGST Act, 2017
The Central Board of Indirect Taxes and Customs (CBIC) has notified the “Account Aggregator” as the systems with which information may be shared by the common portal under section 158A of the CGST Act, 2017.“The Central Government, on the recommendations of the Council, hereby notifies “Account Aggregator” as the systems with which information may be shared by the common portal based...