Blogs

Blog No. 70 : Liability to pay interest in a situation where transitional credit was firstly availed in Form GSTR-3B and was later reversed when the same was posted to electronic credit ledger

The issue of transitional credit has always been in light especially when the registered person availed an amount equivalent to said credit in the return filed in Form GSTR-3B and later, reversed the transitional credit posted to Electronic Credit Ledger. Recently, Hon’ble Madras High Court in the case of M/s. Grundfos Pumps India Pvt. Ltd. Vs […]

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Blog No.69: Standard Operating Procedure for Scrutiny of Returns for FY 2019 – 20 Onwards   

Vide Instruction No 02/2023 dated 26.05.2023, it has been informed that scrutiny module has been made available on ACES-GST application by the Director’s General (DG) system, namely “Scrutiny of Returns”, for scrutiny of returns under section 61 of the CGST Act, 2017 pertaining to FY 2019-20 onwards. The functionality so developed will identify the GSTINs which

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Blog No. 68: Erroneous cancellation of GST Registration from retrospective date

The act of cancelling the registration of taxpayers w.r.e.f. 01.07.2017 has become a new normal. This act of proper officer has many consequential repercussions and most problematic being the eligibility of the ITC availed by recipient’s i.r.o. transactions done with such taxpayers whose registration is cancelled erroneously with retrospective effect. Recently, Hon’ble Delhi High Court

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Blog No 67: Extension of time limit for Application for Revocation of Cancellation of GST Registration

CGST ACT        Section 30 Notification No.  03/2023 CT dated 31.03.2023 The time limit for filing the application for revocation of cancellation of GST registrations, cancelled u/s 29(2)(b) and 29(2)(c) of the CGST Act till 31.12.2022 has been extended by the GST council. Such persons can file the revocation application from 01.04.2023 to 30.06.2023. To know

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Blog No. 64: Where the input and output supplies are the same, assessee is still eligible to claim refund under inverted duty structure.

Vide Circular Number 135/2020-GST dated 31.03.2020, it was clarified that where input and output supplies are same but rate of tax undergo change, the refund under inverted duty structure is not available. It is notable that section 168(1) strives to lay down that for the purpose of uniformity in the implementation of the Act, orders,

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Blog No. 63: Compensation awarded to petitioner for unauthorised, arbitrary and illegal detention of the truck

It is settled law that if a public functionary acts maliciously or oppressively and the exercise of power results in harassment, then it is not an exercise of power but its abuse. Harassment by public authorities is socially and legally impermissible which causes more serious injury to society. Therefore, award of compensation for unauthorised, arbitrary

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Blog No. 62: Whether the FIR registered is valid in the absence of provisions for prosecution/arrest in the parent Act?

Deepak Kumar v. State of Punjab (Punjab and Haryana HC) The Hon’ble High Court of Punjab and Haryana at Chandigarh in  the case of Deepak Kumar v. State of Punjab held that in case of tax evasion, First Information Report (“FIR”) cannot be registered as the Value Added Tax Act, 2005 (“the VAT Act”) does

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Blog No. 61: Intention to evade GST be assumed merely on the ground of expiry of e-way bill?

Where E-Way Bill had expired and authority detain the conveyance as well as goods on the ground that the E-Way bill has expired, there cannot be an intention to evade the payment of taxes. Therefore, detention in such cases is not warranted. The detaining officer, at max, can ask either the supplier or the recipient

Blog No. 61: Intention to evade GST be assumed merely on the ground of expiry of e-way bill? Read More »

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