Tax
Rajasthan High Court Restrains GST Dept. From Recovery Of GST On Royalty Paid On Account Of Excavation Of Sand For Brick
The Rajasthan High Court bench of Justice Madan Gopal Vyas and Justice Vijay Bishnoi has restrained the GST department from recovering GST on royalty paid on account of the excavation of sand for brick. The petitioner/assessee has filed the writ petition challenging the demand GST on the royalty paid on account of excavation of sand for brick. The petitioner has submitted that, as...
Interest On Delayed Refunds Covered Under Principal Provision Of Section 56 Of CGST Act Cannot Exceed 6%: Supreme Court
The Supreme Court, on Tuesday, held that in cases of delayed refund of integrated tax paid on export of goods governed by the principal provision of Section 56 of the Central Goods and Services Tax Act, 2017, the interest would be payable at the rate of 6% as prescribed by the statute, especially when the delay was not inordinate. "...wherever a statute specifies or regulates...
Claim of GST Refund Wrongly Paid To The Government: Uttar Pradesh Govt. Issues Clarification
The Uttar Pradesh GST department has issued a clarification on the refund of GST, which was wrongly paid to the government. The department has received submissions requesting clarity on matters pertaining to the refund of incorrectly paid taxes, as mentioned in sections 77(1) of the Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act) and section 19(1) of the Integrated Goods...
Pre-Deposit Payment Made By Parent Company Having Separate Service Tax Registration Amounts To Proper Compliance: Madras High Court
The Madras High Court bench of Justice R. Subramanian and Justice N.Sathish Kumar has held that the pre-deposit payment made by the parent company having a separate service tax registration amounts to proper compliance. The petitioner/assessee has appealed against the final order passed by the Customs, Central Excise and Service Tax Appellate Tribunal, dismissing the appeal filed by...
GST ITC Refund Can't Be Denied Even If Taxpayer Has Claimed Duty Drawback: Madras High Court
The Madras High Court bench of Justice C. Sarvanan has held that the refund of input tax credit (ITC) cannot be denied even if the taxpayer has claimed duty drawback. The petitioner/assessee had exported consignments of goods classifiable under Customs Heading No.8483-40-00 of the Customs Tariff Act 1975 and claimed duty drawback under Section 75 of the Customs Act,...
Rajasthan High Court Directs GST Dept. To Reimburse The Pre Deposit In View Of CIRP Of Binani Cement
The Rajasthan High Court bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta has directed the GST department to reimburse amounts deposited by Binani Cement as a mandatory statutory obligation to the Ultra Tech Nathdwara Cement. The petitioner, UltraTech Nathdwara Cement Ltd., has taken over Binani Cement. The petitioner has filed a revision petition assailing the order...
Mere Ignorance Of Law With Respect To Compulsory Audit Under Section 44AB Is Not A Reasonable Cause For Deleting Penalty: ITAT Hyderabad
The Hyderabad Bench of ITAT, consisting of members S.S. Godara (Judicial Member) and A. Mohan Alankamony (Accountant Member), has ruled that mere ignorance of law with respect to the provisions of Section 44AB of the Income Tax Act for compulsory audit of accounts, cannot be said to be a reasonable cause under Section 273B for deleting the penalty imposed on the Assessee for failure to...
The Assessing Officer And Inspecting Person Need Not Be Same Person Under The Electricity Act: Gauhati High Court
The Gauhati High Court bench of Justice Devashis Baruah has held that Section 126 of the Electricity Act, 2003 empowers the Assessing Officer as designated to carry out the provisional assessment and pass the order of provisional assessment.The petitioner/assessee is a consumer of electricity with a contracted demand of 1001 KVA. A technical inspection of the petitioner's electrical...
Mere Signing Of Statement Admitting Tax Liability, Making Payments Under Stress Of Investigation Doesn't Amount To Self-Ascertainment: Madras High Court
The Madras High Court bench of Justice Anita Sumanth has held that merely because an assessee has, under the stress of investigation, signed a statement admitting tax liability and having also made a few payments as per the statement, it cannot lead to self-assessment or self-ascertainment. The petitioner/assessee is registered as a small-scale industry under the MSME Act. An...
Issuance Reassessment Notice Valid On Ground Disclosure Of Bogus Purchase Bills: Chhattisgarh High Court
The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has held that the reassessment notice under Section 148 of the Income Tax Act is valid on the grounds of disclosure of bogus purchase bills. The petitioner/assessee is running a rice mill in the name of M/s Shri Ji Rice Product. The petitioner filed his return for the assessment year 2016-17, declaring his total income as...
Dept. To Decide Whether Corrected Form TRAN-1 Would Be Entertained As Per Transitional Provision Under GST: Bombay High Court Allows Taxpayers To Correct Form TRAN-1
The Bombay High Court bench of Justice S.G. Mehare and Justice R.D. Dhanuka has allowed the taxpayers to correct Form TRAN-1. The court has directed the department to consider the issue of whether Form TRAN-1 and other forms that would be filed or corrected by the petitioner can be entertained in accordance with provisions of section 140 of the Central Goods and Services Tax Act, 2017...
Benefit Of MEIS Scheme Can't Be Availed If Not Opted In Shipping Bill At The Time Of Export: Madhya Pradesh High Court
The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Amarnath Kesharwani has held that the benefit of the Merchandise Exports From India Scheme (MEIS) cannot be availed if it is not opted for in the shipping bill at the time of export. The petitioner/assessee, a private limited company, is in the business of manufacturing automobile parts. The petitioner has...