Delay in Applying for Revocation of GST Cancellation Condoned: High Court Prioritizes Compliance and Revenue Recovery Summary in Key Points: Issue: The assessee’s GST registration was canceled, and they filed an application for revocation, but it was delayed. Decision: The High Court, referring to the Mohanty Enterprises case, condoned the delay in filing the revocation… Read More »
GST Registration Cancellation Set Aside for Lack of Reasons: High Court Emphasizes “Speaking Order” Requirement Summary in Key Points: Issue: The assessee challenged the retrospective cancellation of their GST registration for allegedly violating the principles of natural justice and lacking proper reasoning. Facts: The assessee responded to the show cause notice, but the cancellation order… Read More »
GST Registration Restored: High Court Allows Payment of Dues After Cancellation for Non-Filing of Returns Summary in Key Points: Issue: The assessee’s GST registration was canceled due to non-filing of returns. Assessee’s Plea: The assessee expressed willingness to pay all outstanding dues to have their registration restored. Decision: The High Court set aside the cancellation… Read More »
GST Registration Cancellation order Quashed for Violation of Natural Justice: High Court Upholds Right to Hearing Summary in Key Points: Issue: The assessee challenged the cancellation of their GST registration under Section 23 and an order passed under Section 161, alleging a violation of natural justice. Violation: The authorities canceled the registration without granting the… Read More »
Intra-State Supply and TDS on Construction Across State Borders: High Court Clarifies GST Implications Summary in Key Points: Issue: A Joint Venture (JV) constructing a barrage across state borders faced issues with GST on intra-state supplies and Tax Deducted at Source (TDS). Facts: The JV had separate GSTINs for each state and raised separate invoices… Read More »
Constitutional Validity of Section 16(2)(c) of GST Act Challenged: High Court granted interim relief Summary in Key Points: Issue: A petition challenged the constitutional validity of Section 16(2)(c) of the GST Act, which deals with Input Tax Credit (ITC) eligibility. Petitioner’s Argument: The provision places an unreasonable burden on the purchaser of goods by requiring… Read More »
Understanding Input Tax Credit under Ex-Works Contracts This is a great summary of the CBIC circular on ITC claims for Ex-Works contracts. Here are the key takeaways in bullet points: Problem: Disputes arose between taxpayers and tax authorities regarding when to claim ITC on goods delivered under EXW contracts, especially in the automobile sector. Taxpayers… Read More »
What is HSN Code for Gold The HSN code for gold depends on its form. Here’s a breakdown: HSN Code 7108: This code applies to gold (including gold plated with platinum) in the following forms: 7108 11 00: Gold powder 7108 12 00: Other unwrought forms of gold (e.g., gold bars, gold nuggets) 7108 13… Read More »
HSN code mandatory in GST Return for Non GST goods This is a bit of a tricky situation! Here’s why: HSN Codes and GST: HSN (Harmonized System of Nomenclature) codes are primarily used for classifying goods to determine their GST rate. Non-GST Goods: Non-GST goods, by definition, fall outside the scope of GST. This means… Read More »
CIRCULAR NO. 241/35/2024-GST [F. NO. CBIC-20001/14/2024-GST], DATED 31-12-2024 This circular clarifies the availability of Input Tax Credit (ITC) under the GST framework, particularly for situations involving Ex-Works (EXW) contracts, common in the automobile sector. Here’s a breakdown: Issue: Automobile dealers operating under EXW contracts with Original Equipment Manufacturers (OEMs) face challenges in claiming ITC. While dealers consider the… Read More »