*Proper officer was wrong in cancelling the GSTIN from the date of registration: Delhi High Court*
*In favour of Taxpayer* *Issue* Whether proper officer can suo-motto cancel the registration of taxpayer from the date of registration in case where the application for cancellation had been voluntarily filed by the taxpayer. Further whether in case the proper officer tends to correct the mistake and cancel the registration from date of application for […]
*_No Interest or Penalty on wrong availment of ITC: Madras High Court_*
*In the Favour of Taxpayer* *Issue* Whether proper officer was correct in imposing 100% penalty and interest u/s 50(3) of the CGST Act 2017 where the taxpayer has availed excess transition credit with an intention to utilise the same in future. Where such excess credit availed by the taxpayer remains unutilised, whether department can proceed […]
*_One to One Nexus of Input with Output not necessary to avail Input Tax Credit: AAAR Gujarat_*
*In the Favour of Taxpayer* *Issue* Whether there is requirement of proving nexus between Inputs and Output in order to avail Input Tax Credit. Can ITC of goods falling under different HSN Code be availed against the output liability of supply made in different HSN/SAC? *Held* The Appellate Authority for Advance Ruling, Gujarat in M/s […]
*_Recovery of Notice Pay is not a Supply under GST: AAR, Maharashtra_*
*In the Favour of Taxpayer* *Issue* Whether the notice pay recovered by the employer from the employee in lieu of not serving the notice period is a supply under Section 7 of CGST Act 2017? Whether the recovery of notice period shall be treated as consideration towards tolerating and forbearing an act of the employee? […]
*_Expired e-waybill does not necessary result into intention to evade taxes: Supreme Court_*
*In the Favour of Taxpayer* *Issue* Whether merely because transporter is carrying expired e-way bill during transportation of goods would result into inference that he intended to evade GST. Whether mens rea i.e. intention to evade taxes necessary in case of violation of e-way bill provisions? *Held* H’ble Apex Court in the case of Satyam […]
*_Cash discounts/Incentives given on commercial credit note does not require reversal of ITC: AAR MP_*
*In the Favour of Taxpayer* *Issue* Whether cash discount/incentives given by the supplier to the recipient amounts to discounts under Section 15(3) of CGST Act 2017. If so whether supplier is required to reduce its outward tax liability and correspondingly does the recipient also needs to reverse ITC claimed on original invoices. *Held* AAR, […]
Practical aspects of Cross Charge you should know as a consultant
What is Cross Charge? At the outset it is important to understand what cross charge is. Cross Charge is nothing but a recovery of expenses by the head office from its branches. To put it simply, since the branches/factories are the revenue centers and head office acts as a cost center, it apportions the expenses […]
