Centaxonline’s Tax Gazette
Dear Reader,
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
5% Customs Duty shall be levied on import of frozen meat and edible offal of ducks: Notification
CUSTOMS? |? CIRCULARS & NOTIFICATIONS
The CBIC has issued notification to provide that Customs Duty at the rate of 5% shall be levied on import of frozen meat and edible offal of ducks subject to certain conditions.
Key Details:
Statute Number: NOTIFICATION NO. 13/2024-CUSTOMS
Date of Statute: 06-03-2024
DGFT issues notification to amend import policy condition for Duck Meat
FOREIGN TRADE POLICY? |? CIRCULARS & NOTIFICATIONS
The DGFT has issued notification to amend import policy condition for Duck Meat and import of premium Duck Meat for supply to Hotels and Restaurants shall be 'Restricted'.
Key Details:
Statute Number: NOTIFICATION NO. 66/2023
Date of Statute: 06-03-2024
DGFT introduces amendment in implementation of Yellow Peas Import Monitoring System: Notification
FOREIGN TRADE POLICY? |? CIRCULARS & NOTIFICATIONS
The DGFT has issued notification to amend timelines and procedures for registration of import consignments under Yellow Peas Import Monitoring System for import consignments which will arrive at the Indian Port after 31.03.2024.
Key Details:
Statute Number: PUBLIC NOTICE NO. 46/2023
Date of Statute: 06-03-2024
Case Chronicles
HC set-aside order of cancellation of GST as it was done with retrospective effect without any reason
GST? |? CASE LAW
GST: Where GST registration of assessee was cancelled with retrospective effect from 15-7-2022 and assessee contended that GST Authorities had not given sufficient time to it to either respond or appear, impugned order was to be set aside and GST Authorities were to be directed to adjudicate upon show cause notice after giving an opportunity of personal hearing to assessee
Key Details:
Case Name: Sagar Enterprises vs. Principal Commissioner of Goods and Service Tax West Delhi
Citation: (2024) 16 Centax 86 (Del.)
HC set-aside order passed by GST officer without giving an opportunity of personal hearing to assessee
GST? |? CASE LAW
GST: Where assessee had filed reply to show cause notice, however GST officer without seeking further clarification or documents from assessee, passed impugned adjudication order, same was to be set aside and matter was to be remitted to Adjudicating Authority for re-adjudication after giving an opportunity of personal hearing to assessee
Key Details:
Case Name: Shri Shyam Metal vs. Union of India
Citation: (2024) 16 Centax 87 (Del.)
HC set-aside order passed by GST authority without considering assessee’s application for extension of time
GST? |? CASE LAW
GST: Where assessee was issued a show-cause under Section 73(1) but could not appropriately prepare its response due to Durga Puja and requested an extension thereof, despite Proviso to sub-section (5) of Section 75 authorizes revenue to grant upto three extensions, revenue passed final order without formally rejecting extension request, leading to a violation of natural justice principles, therefore same was to be set aside
Key Details:
Case Name: Anurag Garodia vs. Assistant Commissioner of State Tax
Citation: (2024) 16 Centax 88 (Cal.)
HC set-aside order as it was passed without considering detailed reply filed by assessee
GST? |? CASE LAW
GST: Where assessee filed reply to show cause notice but Adjudicating Authority without considering reply passed a cryptic order, impugned order was to be set aside and matter was to be remitted back to Adjudicating Authority for re-adjudication
Key Details:
Case Name: Emco Cables (India) Ltd. vs. Union of India
Citation: (2024) 16 Centax 89 (Del.)
Petition to be dismissed without granting any relief since there was suppression of material facts: HC
GST? |? CASE LAW
GST: Where there had been suppression of material fact, as assessee had not revealed that a new registration was obtained by assessee subsequent to cancellation of earlier registration, principle of uberrima fides requires a party that comes to a Court to act in utmost good faith ad moment this trust is broken and it is discovered that there is suppression of material facts, therefore instant petition was to be dismissed without granting any relief whatsoever to assessee.
Key Details:
Case Name: Genius Ortho Industries vs. Union of India
领英推荐
Citation: (2024) 16 Centax 91 (All.)
HC set aside order based on report since dept. failed to demonstrate that report was made available to assessee
GST? |? CASE LAW
GST: Where order was based on report not provided to assessee, violating natural justice principles, order was set aside, and matter was remanded for rehearing with proper document disclosure.
Key Details:
Case Name: Partha Pratim Bhowmik vs. Deputy Commissioner of State Tax
Citation: (2024) 16 Centax 92 (Cal.)
Lump sum upfront premium paid as compensation for agreeing to do transfer of leasehold rights is taxable at 18%: AAR
GST? |? CASE LAW
GST: Activity of assessee in nature of transfer one's leasehold rights, it does not amount to further sub-leasing as assessee right as per deed of sub-lease stands extinguished after assignment and neither it create fresh benefit from land, it is in nature of compensation for agreeing to do transfer of assessee's rights in favour of assignee, said service is classifiable under other miscellaneous service (SAC 999792) and is taxable at 18 percent GST
Key Details:
Case Name: In re : Remarkable Industries Pvt. Ltd.
Citation: (2024) 16 Centax 94 (A.A.R. - GST - U.P.)
Goods can’t be detained on speculation that they are undervalued; HC slams penalty imposed by GST officer
GST? |? CASE LAW
GST: Where detention of goods was based solely on perceived undervaluation by Revenue without following statutory procedures, such detention lacked validity and could not justify penalty imposition under Section 129 of UP GST Act, 2017.
Key Details:
Case Name: Shamhu Saran Agarwal & Company vs. Additional Commissioner Grade-2
Citation: (2024) 16 Centax 95 (All.)
HC granted liberty to assessee to file refund application under GST Act instead of filing writ petition
GST? |? CASE LAW
GST: Where assessee made prayer for direction to GST authority for refund of amount alleged to be forcibly recovered/collected by DGGI, GST authority submitted, assessee would have to make application for refund under section 54 of CGST Act, writ petition was to be disposed of by granting liberty to assessee to make application for refund
Key Details:
Case Name: Usha Jaiswal vs. Senior Intelligence Officer, Directorate General of GST Intelligence.
Citation: (2024) 16 Centax 96 (Cal.)
SC dismissed appeal against CESTAT order denying exemption benefit to imported parts of SMPS under Notification No. 21/2005-Cus.
CUSTOMS? |? CASE LAW
Customs: Parts of SMPS imported being neither parts nor accessories of IFWT, cannot avail benefit of Notification No. 21/2005-Cus. dated 1-3-2005.
Key Details:
Case Name: ACD Communication Pvt. Ltd. vs. Commissioner of Customs (Port-Import)
Citation: (2024) 16 Centax 78 (S.C.)
SC dismissed SLP against HC order classifying CAT-5 or CAT-6 cable as “Computer System and peripherals” under Rajasthan VAT
CUSTOMS? |? CASE LAW
VAT: CAT-5 or CAT-6 cable are covered in Part-A of Schedule IV to Rajasthan Value Added Tax (RVAT) Act, 2003 as "Computer System and peripherals".
Key Details:
Case Name: Commercial Tax Officer vs. Rashi Peripherals Pvt. Ltd.
Citation: (2024) 16 Centax 81 (S.C.)
SC dismissed SLP against HC order that tax demand can’t be said to have “crystalised” if objections are pending before OHA
CUSTOMS? |? CASE LAW
VAT: SLP dismissed against High Court’s order wherein it was held that Till such time as objections are pending before OHA, tax demand cannot be said to have "crystalised" so as to be adjusted against refund as claimed.
Key Details:
Case Name: Commissioner of Delhi Goods and Service Tax vs. ITD ITD Cem JV
Citation: (2024) 16 Centax 80 (S.C.)
Iron Ore Fines not to be treated as Iron Ore Concentrate merely because it was subjected to crushing & screening: CESTAT
CUSTOMS? |? CASE LAW
Ores – Whether Iron Ore Fines subjected to crushing, screening and blending with 5-10% iron ore concentrate without removing any gangue therefrom were classifiable under Tariff Item 2601 11 31 of Central Excise Tariff Act, 1985 attracting CVD exemption on its import under Notification No. 12/2012-C.E. or same were classifiable under Tariff Item 2601 11 50 as Iron Ore Concentrate without such exemption?
Key Details:
Case Name: Principal Commissioner of Customs (Preventive) vs. JSW Steel Ltd.
Citation: (2024) 16 Centax 83 (S.C.)
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.
The Most Authentic Source for GST Tariff of India
Buy Now with FREE ‘Express’ Delivery! https://centax.one/bQvr
#CentaxBooks #CentaxUpdates #GST #GSTIndia #CGST #SGST #UTGST #GSTLaw?#GSTTariff