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
Automated System of ascertaining and publishing of exchange rates shall come into effect from July 4th, 2024: Circular
CUSTOMS ?|? CIRCULARS & NOTIFICATIONS
The CBIC has issued a circular to inform that the automated system of ascertaining and publishing of exchange rates shall come into effect from July 4th, 2024 upon which the existing system of notifying exchange rates through a notification would be dispensed with.
Key Details:
Statute Number: CIRCULAR 07/2024
Date of Statute: 25-06-2024
Transfer of goods from one Section 65 unit to another under MOOWR to be permitted: Instruction
CUSTOMS ?|? CIRCULARS & NOTIFICATIONS
The CBIC has issued instruction to convey that transfer of goods from one Section 65 unit to another under MOOWR to be permitted subject to due compliance of conditions prescribed under MOOWR read with warehousing provisions.
Key Details:
Statute Number: INSTRUCTION NO. 16/2024
Date of Statute: 25-06-2024
Case Chronicles
HC quashes order as it didn’t provide any particulars beyond stating that excess refund was issued on account of inverted duty
GST ?|? CASE LAW
GST: Where assessee/petitioner challenged order demanding payment for erroneous refund without providing sufficient particulars, High Court quashed impugned order and remanded matter, directing respondents to issue fresh show cause notice with relevant details to enable assessee/petitioner to respond meaningfully.
Key Details:
Case Name: Tvl. Orange Sorting Machines (India) Pvt. Ltd. vs. Assistant Commissioner
Citation: (2024) 19 Centax 454 (Mad.)
HC quashed search as no reasons to believe were noted in authorisation document provided to assessee
GST ?|? CASE LAW
GST: Where search was carried out on premises of assessee under section 67 and no reasons to believe were noted in INS-01, entire proceedings were to be quashed.
Key Details:
Case Name: Excellent Vision Technical Academy Pvt. Ltd. vs. State of U.P.
Citation: (2024) 19 Centax 458 (All.)
Assessment orders passed in name of deceased assessee to be quashed as same were passed after her death: HC
GST ?|? CASE LAW
GST: Where assessment orders were passed in name of petitioner's deceased mother, and petitioner, unaware of these orders, only learned of them after receiving an attachment notice, while petitioner could not wash away liability incurred by his mother in view of section 93 of the TNGST Act, 2017, impugned orders, passed after petioner's mother death, were to be quashed.
Key Details:
Case Name: D. Pitchairajan vs. Assistant Commissioner (ST)(FAC)
Citation: (2024) 19 Centax 457 (Mad.)
Seizure of goods without providing opportunity to assessee to explain discrepancy in E-Way is against natural justice: HC
GST ?|? CASE LAW
GST: Where petitioner contended that seizure of goods was made without proper opportunity to explain discrepancy in E-Way bills, High Court quashed seizure order and remanded matter to revenue authorities to decide afresh after giving opportunity to petitioner.
Key Details:
Case Name: Prem Sales Corporation vs. State Of U.P
Citation: (2024) 19 Centax 451 (All.)
Unadjusted TDS lying in petitioner’s account can’t be transitioned as unutilized ITC under GST: HC
GST ?|? CASE LAW
GST: Where assessee used Rs. 37,24,463/- of unapproved credit to pay output tax, leading to a demand for reversal of this amount plus penalties, since assessee had already utilized Rs.37,24,463/- for output tax payment, it was unnecessary to reverse said amount to revenue when revenue was obliged to refund said amount to assessee towards un-adjusted TDS, therefore demand for tax and interest was set aside, but penalties were upheld for said irregularity.
Key Details:
Case Name: Fins Engineers and Contractors Pvt. Ltd. vs. Superintendent, Central Tax and Central Excise
Citation: (2024) 19 Centax 446 (Ker.)
Branded nutrition/dietary supplements are covered under CTH 2106 90 99 & taxable at 18%: CESTAT
CUSTOMS ?|? CASE LAW
Customs: Branded nutrition/dietary supplements are covered under Sr. No. 453 of Schedule III of IGST Notification No. 01/2017-Integrated Tax (Rate) dated 28.06.2017 and liable to 18% IGST; they are not covered in Sr. No. 9 of above notification, and not liable to 28% IGST.
Key Details:
Case Name: ARC Distributors I Pvt. Ltd. vs. Commissioner of Customs
Citation: (2024) 19 Centax 439 (Tri.-Ahmd)
"Assy-Case-Front” for mobile phone is not eligible to benefit of Customs duty exemption: AAR
CUSTOMS ?|? CASE LAW
Customs: "Assy-Case-Front" for mobile phone cannot be covered "Front Cover" mentioned in Notification No. 09/2024-Cus. dated 31-1-2024, and import of parts for their manufacture, is not eligible to benefit of Customs duty exemption therein.
Key Details:
Case Name: In Re: Elentec India Pvt. Ltd.
Citation: (2024) 19 Centax 440 (A.A.R. - Cus. - Del.)
Refund of redemption fine and penalty challenged in appeal could not be denied on ground of limitation: CESTAT
CUSTOMS ?|? CASE LAW
Customs: Where redemption fine and penalties were challenged in appeal, their payment had to be treated under protest to clear goods, and their refund could not be denied on ground of limitation where Tribunal had set aside their imposition with consequential relief.
Key Details:
Case Name: Ratan Textiles Pvt. Ltd. vs. Commissioner of Customs
Citation: (2024) 19 Centax 442 (Tri.-All)
Provisionally preserved areca nut unfit for immediate human consumption are classifiable under CTH 0812 90 90: AAR
CUSTOMS ?|? CASE LAW
Customs: Provisionally preserved areca nut (whole and split), unfit for immediate human consumption, will be classifiable under Tariff Item 08129090 and not under Heading 0802 where areca nuts are separately mentioned.
Key Details:
Case Name: In Re: Vaibhav Enterprises
Citation: (2024) 19 Centax 443 (A.A.R. - Cus. - Del.)
CESTAT set aside demand since incentives/trade discount were not taxable under category of business auxiliary service
EXCISE & SERVICE TAX ?|? CASE LAW
ST: Entire demand is liable to be set-aside when specific clause of 'Business Auxiliary Service' is not mentioned.
Key Details:
Case Name: Joshi Auto Zone Pvt. Ltd. vs. Commissioner of Service Tax
Citation: (2024) 19 Centax 441 (Tri.-Chan)
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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