Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

GIST OF RECENT PRONOUNCEMENTS ON GST (PART-III)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 13-12-2017 - Goods and Services Tax (GST), introduced from July 1, 2017 is over 150 days old and has resulted in operational and implementation issues affecting all stakeholders. GST law, as drafted and legislated, is not free from the interpretational hassles. Taxpayers have started challenging various provisions of GST laws and rules framed there under. High courts have taken a liberal stand so far in view of the fact that law i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was held that petition shall not be entertained with the observation that since the Government machinery was geared up, the petitioner could not urge or seek directions to postpone the decision of implementation from 01.07.2017. In Kumar Traders And Company v. State of Assam (2017) 9 TMI 749; where it was suspected that the areca nuts stored in the godown, were of Burmese origin and were smuggled through Mizoram border and was stored in the Guwahati godown, for onward transportation to other pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

they are to pay further 2.5% tax to the Central Government coffer, subject to the petitioners' furnishing Bank guarantee for ₹ 30 lakh towards the estimated tax, to the Commissioner of State Tax, the seized goods should be released to the custody of the petitioners . However, the transportation and business of areca nuts will be subject to realization of due tax by the authorities and the Bank guarantee, ordered to be deposited, is only on estimation and is not on quantification of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

already availed by them till next date of hearing. In A& M Design & Print production 2017 (10) TMI 253 - DELHI HIGH COURT where the assessee was trying to offset its IGST liability partially from CGST credit and partially from SGST credit but disallowed by GSTN portal with a message to first offset CGST credit completely before cross utilization. As there is no provision in GST law against such utilisation, Department was directed to file reply by next hearing date. In M/s. M.J.S. Enterp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

essee, an intending purchaser of the scrap buses, filed a writ petition praying to issue a direction in the nature of a writ of certiorari quashing the E-Tender Notice and to declare that the rate of tax applicable on the sale of scrap buses is 18 per cent falling under either Heading No. 7204 of Third Schedule of the Central Goods and Services Tax Act, 2017 (GST Act) or Entry No. 453 of the Third Schedule of Karnataka Goods and Services Tax Act, 2017 [KGST Act]. In the said notice inviting tend .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

such academic questions at this stage, when the very foundation of such a dispute itself is not even available for the Court to decide. It is for the assessee to compete in the bid process at the given rates of GST applicable as notified by the KSRTC and it does not furnish cause of action to the assessee to invoke the extraordinary jurisdiction of the Court at this stage to either modify the rate of tax in the E-Tender Notice or to decide the academic question about the correct rate of GST app .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

anning of these Advance Ruling Authorities, as prescribed under Section 96 of the GST Act. In Sanjeev Sharma v. Union of India 2017 (9) TMI 1357 - DELHI HIGH COURT, where no facility for advance ruling was made available under GST, it was held that Department must accept manually application for advance ruling under GST since web portal would not be ready to accept the same till January, 2018. In Annapurna International v. State of UP 2017 (11) TMI 1021 - ALLAHABAD HIGH COURT, the Allahabad High .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version