Tax
Bombay High Court Issues Notice On Plea Challenging CGST Rules
The Bombay High Court on Monday issued notice to Maharashtra government and central government in a petition challenging amendment to Central Goods and Service Tax Rules, 2017 (CGST Rules)."Petitioner is challenging both CGST as well as MGST Rules in this regard. Therefore, notice has to be issued to the learned Attorney General of India as well as the Advocate General", the court...
Tax Cases Weekly Round-Up: 28 August To 3 September, 2022
Delhi High Court Re-assessment Order Passed Without Considering Detailed Reply Of The Assessee: Delhi High Court Case Title: Rithala Education Society Versus Union Of India Citation: 2022 LiveLaw (Del) 816 The Delhi High Court held that the significance of issuing a show cause notice prior to issuing a re-assessment notice has been lost because the order under Section...
Secured Creditors Shall Take Priority Over Government Dues Under SARFAESI Act: Bombay High Court
The Bombay High Court has held that the rights of secured creditors to realise secured debts shall have priority over government dues, including revenues, taxes, cesses, and rates due to the Central Government, State Government, or local authority under the SARFAESI Act.The three judge bench headed by Chief Justice Dipankar Dutta, Justice M.S.Karnik and Justice N.J. Jamadar has...
CBIC Issues Guidelines For Prosecution Under GST
The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions regarding the prosecution under GST.Section 132 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017) codifies the offences under the Act which warrant the institution of criminal proceedings and prosecution. As per the guidelines, prosecution should not be filed merely because a demand has...
Registering Authority Responsible For Establishing Genuineness Of Taxpayers : Rajasthan GST Dept circular
The Rajasthan Goods and Service Tax (GST) departmenthas issued a circular regarding the verification of applications for grant of new GST registration.The registration of any business entity under the GST Law implies obtaining a unique GSTIN from the concerned tax authorities for the purpose of collecting tax on behalf of the government and availing ITC for the taxes paid on...
ITAT Rejects The Claim Of NDTV To Treat Expenditure As Pre- Operative In Nature For The Assessment Year 2009- 2010
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the business of the NDTV Studios had not been set up during the assessment year 2009- 2010 and all the expenses claimed by the assessee were pre-operative in nature, which should have been capitalised.The two-member bench of Yogesh Kumar U.S. (Judicial Member) and N.K.Billaiya (Accountant Member) has observed...
Intention To Evade Tax Is Absent, Taxpayer Needs To Be Given Another Chance: Delhi High Court
The Delhi High Court has held that the petitioner/taxpayer needs to be given another chance to establish why the subject goods did not reach their designated designation before the expiry of the e-way bill.The division bench of Justice Rajeev Shakdher and Justice Tara Vitasta Ganju has remanded the matter to the respondent to take a fresh decision on the matter, after giving the...
Assessee Entitled To Avail Cenvat Credit Of Service Tax Already Paid During Transitional Period: Madras High Court
The Madras High Court, consisting of Justice R. Ramdevan and Justice Mohammed Shaffiq, has held that the assessee is entitled to avail cenvat credit of the service tax already paid but the assessee was unable to claim due to a transitional provision that has come into effect from 01.07.2017.The respondent/assessee is engaged in the manufacture of GI Tower Parts, ERW Black and GI...
ITAT Quashes Time Barred TDS Default Order Passed Against Google India
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the TDS default order passed against Google India on the grounds that it was time barred. The two-member bench of George George K. (Judicial Member) and Padmavathy S. (Accountant Member) has observed that for the years under consideration, the period of four years from the end of the financial year in...
CBIC Introduces Standardised Risk-Based Faceless Assessment System For Clearance Of Imported Consignments
The Central Board of Indirect Taxes and Customs (CBIC) has decided to implement system-generated centralised examination orders in a phased manner in the case of risk-based selection for examination after assessment from the 5th of September, 2022.The National Customs Targeting Centre (NCTC), in consultation with DG Systems and the respective NACs, has developed a system. As per the...
Show Cause Notice Containing "NA" In Column Of Date, Time, Venue Of Personal Hearing: Jharkhand High Court Quashes Adjudication Order
The Jharkhand High Court has quashed the adjudication order and held that the notice issued under notice under Section 73 of the CGST Act, in the column of date, time and venue of personal hearing, was indicated by the respondents as "NA", which means not applicable.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order was not...
SCOMET Policy for the export of drones/ UAVs: DGFT Invites Public Comments
The Directorate General of Foreign Trade (DGFT) has invited comments from the public and industry on a proposed amendment in Category 5B of the Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) list related to the export of drones and unmanned aerial vehicles (UAVs) and General Authorization for Export of Drones (GAED) and UAVs . "With the aim of...