Blog No. 72: Guidelines for processing of applications for GST registration

The issue of fake/ bogus registration has became a menace for the government, regarding which Instruction No. 03/2023 dated 14th June, 2023 has been issued. The main aim of this instruction is to verify the applications for registrations. This would strengthen the process of scrutiny and will enhance the transparency of GST registrations. The emphasis has …

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Blog No. 71:  Amnesty Scheme for Deemed Withdrawal of Best Judgement Assessment Orders passed us 62

CGST ACT Section 62 Notification No. 06/2023 CT dated 31.03.2023 An amnesty scheme has been introduced where best judgement assessment order passed on or before 28.02.2023 under section 62 of the CGST Act can be set aside if valid return is furnished on or before 30.06.2023 subject to compliance with certain other terms of the …

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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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