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Search results for: CGST

Bill to Set up GSTATs, Ease Age Limitation Approves by Rajya Sabha

Rajya Sabha Approves Bill to Set Up GSTATs and Eases the Age Limit

On Wednesday, the Rajya Sabha gave its nod to a bill designed to streamline the establishment of Goods and Services Tax (GST) appellate tribunals (Goods and Services Tax Appellate Tribunal). This endorsed bill introduces significant alterations to the criteria for appointing tribunal members, instituting a mandatory minimum age of 50 for both members and presidents […]

Gujarat AAAR's Order for Rajkot Nagarik Sahakari Bank Ltd

Gujarat AAAR: GST Levy as Incentives from Atma Nirbhar Gujarat Sahay Yojna Are Not Counted as Subsidy

The Gujarat Appellate Authority of Advance Ruling (AAAR) ruled that incentives obtained under the “Atma Nirbhar Gujarat Sahay Yojna” dated May 16, 2020, declared by the Gujarat Government can not be regarded as subsidies, and GST is subjected to be charged. The panel consisting of B V Siva Naga Kumari and Sameer Vakil has affirmed […]

Rajasthan GST AAAR's Order for Lakhlan and Qureshi Construction Co.

Rajasthan AAAR: 12% GST Rate Applies to Services Provided to Govt Authority Until 31st Dec 2021

The Rajasthan Appellate Authority for Advance Ruling (AAAR) has determined that a 12% Goods and Service Tax (GST) applies to services rendered until 31.12.2021 for the Government Authority. The specific matter in question was the GST rate applicable to the work carried out by the applicant (now appellant) for M/s Jaipur Smart City Limited under […]

Calcutta HC's Order for M/S. BBA Infrastructure Limited

Calcutta HC: GST Rule Under Section 16(4) Legally Valid Despite Overriding Effect of ITC Provisions

The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]

Kerala HC Order In Case of Badha Ram vs Intelligence Officer

Kerala HC: GST Officials Can Summon Power to Arrest U/S 69 If Tax Offence Made Out U/S 132

The Kerala High Court clarified that officials are authorized to use their power of arrest according to Section 69 of the Kerala State Goods and Services Act, 2017 if they have reasonable grounds to believe that an offence under Section 132 has occurred and that custodial interrogation is necessary. Section 132 (1) outlines penalties for […]

GST Instruction No. 05/2023 case of Northern Operating Systems Private Limited (NOS)

CBIC Issues Instructions No. 05/2023 GST Proceedings for Salary Secondment U/S 74(1)

On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]

Budget 2024 Government is Set to Exceed its GST Collection Target for the FY24

Govt to Surpass the GST Collection Target for FY24

The government seems to collect more GST in this fiscal year compared to the expectations with the continuous surge in the monthly mop-up recommending the Budget estimate for 2023-24 can be amended upwards if the Finance Minister Nirmala Sitharaman shows the Interim budget for 2024-25 dated 1st Feb 2024. In the initial 8 months of […]

Delhi HC's Order for Bhagat Ram Om Prakash Agro Pvt Ltd

Delhi HC: Roving Inquiry Per Order of Special Judge (PC Act) by GST Dept

The Delhi High Court has set aside the special judge’s instructions to carry out an extensive investigation by the GST department in the absence of any strict provisions. The panel comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that, besides the directions given on April 5, 2023, there were no justifications for the respondent […]

Madras High Court's Order for Smt.K.Malathi

Madras HC: No GST Liability on Director If it is Not Provable That the Company is Unable to Pay During Liquidation Proceedings

The recent ruling by the Madras High Court states that the director isn’t responsible for paying GST if it’s unclear whether the company can settle the dues during liquidation proceedings. During an inspection at SKMPL’s factory, State GST Officers seized documents leading to a show cause notice issued under Section 74 of the CGST & […]

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