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

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Blog No. 60: Default in payment of instalments – Attachment lifted subject to conditions

CGST Act Sec 83 CGST Rule —   Remedy must not be worse than the evil that it seeks to protect from.   Considering the test of proportionality, despite the fact that petitioner failed to make payment of agreed instalments, the attachment of bank account was lifted. Hon’ble court held that it is in the best

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Blog No. 59: Benefit of Services Tax paid after 30.06.2017 under Reverse Charge Mechanism can be taken to Electronic Credit Ledger

CGST Act Sec 142(3) CGST Rule —   As per section 140 of the GST Act, the registered person is entitled to take Cenvat credit in his electronic credit ledger carried forward in the return relating to the period ending on 30.06.2017. However, insofar the payment made under reverse charge after 30.06.2017 is concerned, these credits were not available

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Blog No. 58: Registration cannot be cancelled merely by saying that party is Bogus

  CGST Act Sec 29 CGST Rule —   If the department proposed to cancel the registration granted, a heavy burden lay on the assessing authority to establish the existence of facts as may allow for such cancellation of registration. The registration once granted could be cancelled only if one of the five statutory conditions was

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