Centaxonline’s Tax Gazette
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Centaxonline’s Tax Gazette

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Welcome to Centaxonline's Tax Gazette – Where Complexity Meets Clarity.

Today, we draw the definitive line between being informed and uninformed, empowering you with the latest and most essential tax insights.

Statutory Scope

CBIC issued new circular on implementation of automation in the Customs ICGRS Rules, 2022 in respect of EOUs

CUSTOMS ?|? CIRCULARS & NOTIFICATIONS

The CBIC has issued circular to inform that it is decided to implement the automation in the IGCRS Rules, 2022, in respect of EOUs with effect from 25.09.2024.

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Key Details:

Statute Number: CIRCULAR NO. 16/2024-CUSTOMS
Date of Statute: 17-09-2024

DGFT makes amendments in Interest Equalisation Scheme: Trade Notice

FOREIGN TRADE POLICY ?|? CIRCULARS & NOTIFICATIONS

The DGFT has issued a trade notice to make amendments in Interest Equalisation Scheme. It is decided to levy cap of Rs. 5 crore per IEC for MSME manufacturers till 30.09.2024 for the FY 24-25. Also, the cap of Rs. 2.5 crore is imposed for Manufacturer Exporters and Merchant Exporters till 30.06.2024 for the FY 24-25.

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Key Details:

Statute Number: TRADE NOTICE NO. 17/2024-25
Date of Statute: 17-09-2024

Case Chronicles

HC quashes summons as assessee expressed willingness to cooperate with Dept.

GST ?|? CASE LAW

GST: When assessee, summoned by Revenue Authority, expressed willingness to cooperate and provide information, High Court quashed summons and instructed assessee to appear before designated officer for further proceedings.

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Key Details:

Case Name: Ganpathi Alloys vs. Union of India
Citation: (2024) 22 Centax 283 (Bom.)

HC grants bail to accused as co-accused having more serious role was already released on bail

GST ?|? CASE LAW

GST: Where applicant was arrested in a complaint alleging creation of fake firms and issuing and receiving bogus invoices without supply of goods/services, applicant was to be released on bail in view of fact that co-accused having more serious role had already been released on bail.

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Key Details:

Case Name: Gurmeet Singh Batra @ Sahil vs. Union of India
Citation: (2024) 22 Centax 288 (All.)

HC directs revenue to provide all documents referred to in SCN for cancellation of GST registration

GST ?|? CASE LAW

GST: Where assessee had challenged show cause notice issued for cancellation of GST registration, along with a suspension order and had asked for documents from revenue which had been referred to containing specific details as mentioned in show cause notice but such documents had not been supplied till date, Instant writ petition was to be disposed of directing revenue to provide all documents referred to in show cause notice.

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Key Details:

Case Name: Baba Industries vs. Union of India
Citation: (2024) 22 Centax 282 (All.)

HC grants interim relief to assessee as proposed amendment may allow ITC claims for FY 2017-18 to 2020-21

GST ?|? CASE LAW

GST: Where ITC claim was rejected due to late filing of GSTR-3B, High Court granted interim relief based on proposed legislative amendment, subject to partial deposit.

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Key Details:

Case Name: Adhiraj Distributors Ltd. vs. Additional Commissioner of Revenue
Citation: (2024) 22 Centax 278 (Cal.)

HC grants interim stay as order under section 74 was passed beyond period of limitation

GST ?|? CASE LAW

GST: Where revenue passed an order section 74 beyond period of limitation and also evenue had issued show cause notice under Section 73 and they had passed impugned order under Section 74, which was contrary to provisions of Section 74; order of interim stay was to be granted until next date of hearing.

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Key Details:

Case Name: Prabha Cars Pvt. Ltd. vs. Deputy State Tax Officer-1 (ST)
Citation: (2024) 22 Centax 284 (Mad.)

Incentive received under 'Atma Nirbhar Gujarat Sahay Yojna' are not subsidy; hence liable to GST: AAR

GST ?|? CASE LAW

GST : Where appellant received performance-based incentive for disbursing loans under public welfare scheme, incentive lacking characteristics of both subsidy and actionable claim, constituted consideration for loan disbursement services and was therefore subject to GST.

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Key Details:

Case Name: In re: Rajkot Nagarik Sahakari Bank Ltd.
Citation: (2024) 22 Centax 303 (App. A.A.R. - GST - Guj.)?

Tribunal set aside the demand order issued on basis of the SCN which did not clearly mention the allegations

CUSTOMS ?|? CASE LAW

Customs: Adjudication order passed revoking Customs Broker’s License could not be sustained if show cause was vague and did not contain allegations against Customs Broker pertaining to provisions of Customs Brokers Licensing Regulations, 2018 that were alleged to have been violated.

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Key Details:

Case Name: Primus Logistics Pvt Ltd vs. Commissioner of Customs, (Airport & General), New Delhi
Citation: (2024) 22 Centax 265 (Tri.-Del)

Delhi High Court held that Echo devices are convergence tools and not mere loudspeakers

CUSTOMS ?|? CASE LAW

Customs: Echo Dot (5th Generation) and Echo Dot (5th Generation) with clock are classifiable under sub-heading 8518 22 00 of First Schedule to Customs Tariff Act, 1975.

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Key Details:

Case Name: Amazon Wholesale India Pvt. Ltd. vs. Customs Authority for Advance Rulings, New Delhi
Citation: (2024) 22 Centax 268 (Del.)

Customs broker not liable to penalty for overvaluation of goods where he exercised due diligence and no connivance is proved: CESTAT

CUSTOMS ?|? CASE LAW

Customs: Penalty is not imposable on CB or its employee for overvaluation of goods by exporter when Customs Broker (CB) or its employee obtained authorization from exporter and all KYC documents and acted diligently; deeming CB and its employee as agent of the exporter is unsustainable.

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Key Details:

Case Name: Cochin Air Cargo Clearing House vs. Commissioner of Customs (Preventive)
Citation: (2024) 22 Centax 270 (Tri.-Mad)

Customs duty demand case remanded back as status report of DEPB scrip fraud allegations was not concluded

CUSTOMS ?|? CASE LAW

Customs: Where goods were imported under DEPB scrip/Transfer Release Advice claimed to have been obtained fraudulently but not cancelled, matter was to be remanded to adjudicating authority for fresh consideration after ascertaining status of such DEPB scrip/Transfer Release Advice.

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Key Details:

Case Name: Globus Industries & Services Ltd. vs. Commissioner of Customs-Kandla
Citation: (2024) 22 Centax 296 (Tri.-Ahmd)

HC orders release of seized gold against simple bond without bank guarantee where adjudication ruling was in his favour

CUSTOMS ?|? CASE LAW

Customs: Where adjudication order directed release of seized gold against which department could not obtain stay from Appellate Authority, ends of justice would be served by directing release of seized gold against simple bond cum undertaking/bank guarantees/property securities before Customs Authorities

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Key Details:

Case Name: Jose K. John vs. Union of India
Citation: (2024) 22 Centax 293 (Ker.)

Matter remanded for fresh consideration where status report of DEPB scrip was not produced: CESTAT

CUSTOMS ?|? CASE LAW

Customs: Where goods were imported under DEPB scrip/Transfer Release Advice claimed to have been obtained fraudulently but not cancelled, matter was to be remanded to adjudicating authority for fresh consideration after ascertaining status of such DEPB scrip/Transfer Release Advice.

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Key Details:

Case Name: Hindalco Industries Ltd. vs. Commissioner of Customs, Ahmedabad
Citation: (2024) 22 Centax 301 (Tri.-Ahmd)

Billing on hourly basis would not make a supply manpower services; the real nature of service to be considered: CESTAT

EXCISE & SERVICE TAX ?|? CASE LAW

ST: Where assessee provided software development services to clients and billed on man-hours basis, it was not manpower supply service liable to service tax, as agreements were for software development deliverables, not mere supply of manpower, extended period of limitation not invocable as assessee’s view was neither untenable nor mala fide.

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Key Details:

Case Name: Sasken Communication Technologies Pvt. Ltd. vs. Commissioner of Service Tax, Bangalore
Citation: (2024) 22 Centax 264 (Tri.-Bang)

Service tax demand on reverse charge basis set aside for the period in which such service was not covered under RCM: CESTAT

EXCISE & SERVICE TAX ?|? CASE LAW

ST: Service tax on commission paid to foreign agents under reverse charge is leviable only from 18.04.2006 when Section 66A was inserted in Finance Act, 1994, and not from 01.01.2005. Demand for period prior to 18.04.2006 and penalties under Sections 77 & 78 are not sustainable.

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Key Details:

Case Name: Hanuman Weaving Factory vs. Commissioner of Service Tax, Bangalore
Citation: (2024) 22 Centax 267 (Tri.-Bang)

CESTAT upheld the valuation of physician samples under Rule 4 of the Excise Act in light of SC ruling

EXCISE & SERVICE TAX ?|? CASE LAW

Excise: Physician samples to be valued on pro-rata basis.

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Key Details:

Case Name: Elvina Pharmaceuticals Ltd. vs. Commissioner of Central Excise, Mangalore
Citation: (2024) 22 Centax 269 (Tri.-Bang)

Tribunal allowed refund of service tax paid on unrendered services where construction service contract stood cancelled

EXCISE & SERVICE TAX ?|? CASE LAW

ST: When service Tax paid is by assessee but no service is provided as contract got cancelled, Limitation provided in Section 11B(1) of Central Excise Act, 1944 is not applicable in view of Section 142(5) of Central Goods and Services Tax Act, 2017.

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Key Details:

Case Name: Wave One Pvt. Ltd. vs. Commissioner of Central Goods and Service Tax and Central Excise (Appeals-I), Delhi
Citation: (2024) 22 Centax 271 (Tri.-Del)

Orissa HC quashes demand against taxpayer where there was unjustified delay in proceedings

EXCISE & SERVICE TAX ?|? CASE LAW

Excise: Show cause notice pending for more than 9 years and personal hearing notices were contrary to Section 11A(11) of Central Excise Act, 1944 and, thereby arbitrary and violated Article 14 of Constitution of India, 1950; inordinate delay in adjudication was fatal since it caused prejudice.

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Key Details:

Case Name: Neelachal Ispat Nigam Ltd. vs. Union of India
Citation: (2024) 22 Centax 294 (Ori.)

Order passed under Section 142 of CGST Act for Service Tax demand is appealable before CESTAT and not GSTAT

EXCISE & SERVICE TAX ?|? CASE LAW

ST: Order passed under Section 142(3) of Central Goods and Services Tax (CGST) Act, 2017 for refund of Service Tax paid in GST regime for services received from abroad in pre-GST period would be appealable before CESTAT and not before Appellate Tribunal constituted under said Act.

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Key Details:

Case Name: Bosch Electrical Drive India Pvt. Ltd. vs. Commissioner of Central Tax, Chennai-Outer Commissionerate
Citation: (2024) 22 Centax 298 (Tri.-Mad)

Denial of benefit of composition scheme due to mere late intimation of the same is not valid: CESTAT

EXCISE & SERVICE TAX ?|? CASE LAW

ST: Where assessee opted for composition scheme for works contract service but intimated department late, CESTAT allowed appeal holding that payment of service tax itself amounts to exercising option and denial of entire benefit of scheme is not justified.

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Key Details:

Case Name: Larsen & Toubro Ltd. vs. Commissioner of Central Tax, Bangalore
Citation: (2024) 22 Centax 300 (Tri.-Bang)

Legal Beacon

A Comprehensive Analysis of The Effects of GST on Transactions Between Related Parties

GST ?|? OPINION ?|? (2024) 22 Centax 339 (Article)

Transactions involving related parties hold significant relevance under tax legislation, and the Goods and Services Tax (GST) law is no different. Numerous challenges and uncertainties have arisen concerning related party transactions within the framework of GST. In response, the government has released several circulars and established guidelines to address these concerns.

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Author

Ramesh Pathuri
CA

Outcome 54th GST Council Meeting–Recommendations for Facilitation of Trade and Measures for Streamlining Compliances in GST

GST ?|? OPINION ?|? (2024) 22 Centax 340 (Article)

The 54th meeting of the GST Council was held in Delhi on 9th September, 2024 under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has,?inter-alia?made the several recommendation relating to changes in GST tax rates, measures for facilitation of trade and measures for streamlining compliances in GST.

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Author

Ramesh Chandra Jena
B.A. (Hons.), M.A. (Eco.), D.M.M., LL.B. Advocate & Tax Consultant

As we conclude this issue of Tax Gazette, we hope you've gained clarity and insights on the critical legal and tax matters that shape our world. Remember, with Centaxonline. You're not just informed. You're insightfully empowered.

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