The petitioner Metropolitan Transport Corporation Limited is a Government of Tamil Nadu operating the business of providing passenger transportation services. As per the Goods and Services Tax Laws, this primary business activity of the petitioner falls under the exempted category. The petitioner furnished a copy of the challan on 12-02-2024 proofing the payment of application fees of Rs.5,000/- each under sub-rule (1) of Rule 104 of CGST Rules 2017 and SGST Rules 2017. The online application form for advance ruling on 12-02-2024 was physically received on 22-02-2024 as mandated under…
Tag: GST
When Insolvency Resolution Process is Undergoing Then GST Order Can’t Be Issued U/S 73
Order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed to a company under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016, the Allahabad High Court ruled. Section 73 of the Goods and Service Tax Act, 2017 designates a proper officer to start proceedings if he is pleased that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been erroneously taken or used for any reason, other than the reason of fraud…
GST Dept. Issues Tax Notices to 20 Insurance Companies in SEZs
GST council furnished the notices before 20 general insurance companies with the functionality in Special Economic Zones (SEZs), asking for Rs 2000 crore in unpaid dues pertinent to the services furnished before the employees of industrial units within these zones and their families. The companies that have received show-cause notices from the Directorate of GST Intelligence (DGGI) include HDFC Ergo General Insurance Co, Star Health & Allied Insurance, Cholamandalam MS General Insurance Co, New India Assurance Co, and United India Insurance Co. The notices reference Integrated GST (IGST) issues, with…
GST Notice Must Have Fraud Details for GSTIN Cancellation U/S 29(2)(e)
It was ruled by the Telangana High Court in the case that the SCN should comprise the information on fraud, wilful misstatement, or suppression of facts for cancelling the GST registration as under Section 29(2)(e) of CGST Act, 2017. Justice Sujoy Paul and Justice N. Tukaramji marked that “Needless to mention that the show cause notice dated 09.11.2023 became the foundation for issuance of orders dated 29.11.2023 and 23.02.2024 since the foundation cannot sustain judicial scrutiny, the entire edifice of orders passed thereupon are liable to be jettisoned.” T S…
Chennai AAR Applies 8% GST to the Supply of Residential Flat Construction Services
The supply of Residential Flat Construction services involves the Transfer of Undivided Shares of Land can draw an 8% Goods and Services Tax, ruled by the Chennai Authority for Advance Ruling. A copy of the challan on 22.04.2023 has been furnished by the petitioner for the application fee payment of Rs 5000 under Rules of CGST Rules 2017 and SGST 2017. Prime Expant Infra, the petitioner is a partnership firm registered under the Indian Partnership Act, of 1932 and is in the business of providing construction services in respect of…
Authority Can’t Issue Detention Order If Valid GST E-Way Bill Exists in Physical or Electronic Form
While quashing the detention order the Madurai Bench of Madras High Court ruled that if an invoice, bill of supply, delivery challan, or bill of entry and a valid e-way bill in physical or electronic form for verification are available, then no action may be initiated. It was remarked by the bench of Justice S.Srimathy that the respondent department issued the notice carried the inspection on the identical day and passed the order on the identical day. Under the mentioned provisions the respondent’s department would required to allot the time…
Gauhati GST Dept. Can’t Benefit from an Illegal Notification Under the CGST Act
The Gauhati High Court ruled that the State GST Authorities cannot take advantage of Notification No. 56/2023-CE, which is also otherwise ultra vires the CGST Act, 2017. Notification No. 56/2023-CE related to The bench of Justice Devashis Baruah has remarked that the GST Council has not made any suggestion to date, and despite that, the Central Board of Indirect Taxes and Customs issued a Notification bearing No. 56/2023-CE on 28.12.2023, thereby extending the course to pass the order u/s 73(9) of the CGST Act, 2017 for the FY 2018-2019 up…
CAG Urges Telangana GST Dept. to Follow up on Show Cause Notices for Tax Defaults
The Comptroller and Auditor General of India sought the Telangana Commercial Taxes department to pursue the SCN issued for short/non-payment of tax and the same must contain Integrated Goods and Services Tax(IGST) element along with State GST/ Central GST components. The council is required to pursue the inconsistencies and deviations mentioned in the audit for which the answers would have not furnished and intimate the consequence to the audit. The council would required to regard the start of validation controls in GST returns to curb the errors of data entry,…
More Than 10 Foreign Airlines Under GST Radar for Non-payment of Tax
The Directorate General of Goods and Services Tax Intelligence (DGGI) has sent show cause notices to 10 foreign airlines functioning in the country, for alleged non-payment of tax amounting to Rs 10,000 crore, as per the officials. They contain British Airways, Lufthansa, Oman Air, Emirates, and Singapore Airlines, they added. The notices, transmitted over the past 3 days, deal with unpaid tax dues on the import of services by Indian branches from head offices. Read Also:- India Considers Foreign Airlines Get GST Reprieve On valuation of the supply of import…
GST Challenges in Complying with Self-Invoicing and RCM Services
Indian businesses are facing difficulties in complying with GST, particularly concerning self-invoicing and the reverse charge mechanism (RCM) for services obtained from overseas companies. To address such concerns the government via issuing circulars is taking measures but the speed of such development is not dynamic. Infosys has obtained partial relief from the demands raised by the Directorate General of GST Intelligence (DGGI) regarding free services provided by its corresponding foreign subsidiaries. It is expected that other companies may also receive similar relief, especially those that have received invoices from overseas.…