Tax
CBIC Issues SOP For Scrutiny Of Returns For FY 2017-18 And 2018-19
The Central Board of Indirect Taxes and Customs (CBIC) has issued the Standard Operating Procedure (SOP) for Scrutiny of returns for Financial Year 2017-18 and 2018-19. Section 61 of the Central Goods and Services Tax Act,2017 read with rule 99 of Central Goods and Services Tax Rules, 2017 provides for scrutiny of returns and related particulars furnished by the registered...
GST Department's Failure To Follow Procedure Amounts Violation Of Natural Justice: Jharkhand High Court Quashes Summary Order In Form GST DRC-07
The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has quashed the summary order contained in Form GST DRC-07 as the department failed to follow the procedure prescribed in law before issuing a summary of the order on Form GST DRC-07, amounting to a violation of the principle of natural justice. The petitioner/assessee challenged the...
GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Delhi High Court
The Delhi High Court bench of Justice Manmohan and Justice Sudhir Kumar Jain has held that every provisional attachment order ceases to have effect after the expiry of a period of one year from the date the order was passed under Section 83(1) of the CGST Act.The petitioner/assessee challenged the letter issued under Section 83 of the CGST Act, 2017 by which the...
Kerala GST Department Extends Due Date For Filing Annual Kerala Flood Cess Return Till April 30, 2022
The Kerala Goods and Service Tax (GST) Department has extended the due date for filing the annual Kerala Flood Cess return till April 30, 2022. In the exercise of the powers confined by the second proviso to rule 6 of the Kerala Flood Cess Rules, 2019, the Commissioner of State Tax, vide Notification No. 02/2022—State Tax, dated March 17, 2022, has issued an amendment in order...
Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Kul Bharat (Judicial Member) and R.K. Panda (Accountant Member), upheld the CIT(A) order, holding that the mere fact that taxes were not deducted on the year end provision but were deducted and deposited upon crystallisation of liability to pay the expenses does not automatically justify the imposition of a...
Income Tax Authority Did Not Consider The Reply Filed By Assessee; Delhi High Court Sets Aside Penalty Imposed And Directs Fresh Consideration
The Delhi High Court has ruled that a penalty order passed by the income tax authority under Section 271(1)(c) of the Income Tax Act, 1961 without granting a hearing to the assessee is violative of the principles of natural justice. The Bench, consisting of Justices Manmohan and Dinesh Kumar Sharma, quashed the penalty order and remanded the matter back to the income tax authority...
Income Tax Deduction Available On Distribution Of Gifts For Sales Promotion Even If Assessee Refuses To Share List Of Recipients: ITAT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) headed by Rajpal Yadav (Vice President) and Waseem Ahmed (Accountant Member) has held that the assessee was eligible for an income tax deduction on the distribution of gifts for sales promotion even if the assessee refused to share the list of recipients.The assessee/respondent is in the business of installing computers...
Whether Product `Nimbooz' Can Be Classified Under Item `Lemonade' Or `Fruit Pulp Or Fruit Juice Based Drinks': Supreme Court To Consider
The Supreme Court recently agreed to consider whether the product `Nimbooz' can be classified under item `Lemonade' and/or as `fruit pulp or fruit juice based drinks' for the purpose of Central Excise levy.The bench of Justices MR Shah and BV Nagarathna agreed to consider the question while issuing notice in the civil appeal assailing the order dated October 1, 2021 passed by the...
Interest On Belated Filing Of GSTR-3B Return Not Recoverable Without Adjudication: Jharkhand High Court
The Jharkhand High Court has ruled that recovery of interest under CGST Act, 2017 for delay in filing the GSTR-3B return cannot be initiated without following any adjudication proceedings under the Act in the event the interest liability is disputed by the assessee. The Bench, consisting of Justices Aparesh Kumar Singh and Deepak Roshan, quashed the notice of recovery issued...
Transaction, Being Revenue Neutral, Does Not Affect The Interest Of Revenue, Delhi High Court Directs Refund
The Delhi High Court Bench of Justice Rajiv Shakdher and Justice Jasmeet Singh has directed the department to release the refund as the transaction was revenue neutral, and did not affect the interest of revenue.The petitioner/assessee filed three writ petitions in which the court granted six weeks to the respondents/department to pass a fresh order. The court directed the department...
No Opportunity Of Hearing Was Given By The GST Department: Calcutta High Court Quashes Detention Order
The Calcutta High Court bench of Justice Md. Nizamuddin, has quashed the detention order passed by the Goods and Service Tax Department (GST) on the grounds that the opportunity of hearing was not accorded to the assessee.The petitioner/assessee has challenged the order passed by the Deputy Commissioner of State Tax on the ground that the order was bad in law for the reason that the goods...
Form GST DRC-01A Is A Pre-Show Cause Notice Intimation Which Focuses On Reducing Litigation: Allahabad High Court
The Allahabad High Court, consisting of Justice Surya Prakash Kesarwani and Justice Jayant Banerji, has ruled that Form GST DRC-01A is a pre-show cause notice intimation which focuses on reducing litigation.The petitioner/assessee submitted that before issuing the notice under Section 74(1) of the CGST Act, 2017 on Form GST DRC 01, the statement as required under Rule 142 (1A) of the...