*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, […]
*_FORM DRC-01 Summary Demand notice is not substitute of Show Cause Notice: Matter listed in Jharkhand High Court_*
*In the Favour of Taxpayer* *Issue* The proper officer issued FORM DRC-01 without mentioning the grounds of the notice. Neither the summary issued by the department mentioned any grounds or details based upon which allegations were put. Whereas the taxpayer has filed the writ mentioning that in the darkness of not knowing the grounds of […]
What is covered under obligation to refrain or to do an Act under GST?
There is a misnomer that every compensation received towards liquidated damages by a person is chargeable to GST. There are number of queries which are raised at Unitax regarding compensation received by the client either by order of court, or by arbitration/mediation or even simple penalty for violation of contract. It is found that department […]
Replies to GST Notices Solution For Professionals!
GST being a highly complex law with large interpretational issues, lack of clarity and number of judgments flowing, it becomes essential that replies to GST Notices issued by the department are tackled well. In our decade old experience of handling Indirect Tax Department proceedings, we realize that it is altogether a different way how matters […]
