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.
Case Chronicles
TOS shall be date of entry in books of account if no consideration is charged by Associated Enterprises for corporate guarantee: AAR
GST ?|? CASE LAW
GST: Where no consideration has been charged by Associated Enterprises from applicant-assessee and supplier of service is located outside India, therefore, time of supply shall be date of entry in books of account of recipient of supply and GST under RCM is required to be paid at one time, not periodically considering that guarantee has been issued only once.
Key Details:
Case Name: In re: Green Infra Wind Farm Assets Ltd.
Citation: (2024) 23 Centax 267 (A.A.R. - GST - Raj.)
HC set-aside SCN for cancellation of GST registration due to lack of factual basis and necessary details
GST ?|? CASE LAW
GST: Where impugned show cause for cancellation of registration of assessee only reproduced statutory language of section 29(2)(e) of CGST Act without disclosing factual details on strength of which alleged breach was committed by assessee, impugned notice deprived assessee to file effective reply and was to be set aside.
Key Details:
Case Name: 9 Star Traders vs. Deputy Commissioner (ST)
Citation: (2024) 23 Centax 205 (Telangana)
HC couldn’t arrive at determinative findings as car valuation and international pricing required technical expertise
CUSTOMS ?|? CASE LAW
Customs: On informer's allegation of massive customs duty evasion on car imports, High Court in its writ jurisdiction could not take matter forward and arrive at determinative findings as car valuation and international pricing was complex matter involving technical expertise; issues would be appropriately redressed before statutory authorities, and rights of importers and authorities to pursue their statutory remedies could not be prejudiced.
Key Details:
Case Name: Sanjay Agarwal vs. Union of India
Citation: (2024) 23 Centax 264 (Bom.)
No penalty can be imposed solely on basis of statement recorded by DRI which was retracted before Ld. CMM: CESTAT
EXCISE & SERVICE TAX ?|? CASE LAW
Customs: Appeals are not maintainable before this Tribunal as revenue involved in Appeals are nil, Commissioner (Appeals) having dropped the penalties imposed on accused.
Key Details:
领英推荐
Case Name: Commissioner of Customs (Preventive), Kolkata vs. Amit Jalan
Citation: (2024) 23 Centax 266 (Tri.-Cal)
Benefit of exemption can’t be denied just because declaration was filed belatedly: CESTAT
EXCISE & SERVICE TAX ?|? CASE LAW
Excise: Benefit of exemption under Notification No.50/2003 admissible for activity of soap banding undertaken by job worker for principal manufacturer located in specified area of Himachal Pradesh; declaration filed belatedly must be treated as valid declaration.
Key Details:
Case Name: Vasantham Enterprises vs. Commissioner of Central Goods and Service Tax, Shimla
Citation: (2024) 23 Centax 263 (Tri.-Chan)
HC directs issuance of final certificate under Sabka Vishwas Scheme as payment was delayed by 1 day due to technical glitch
EXCISE & SERVICE TAX ?|? CASE LAW
SVLDRS/ST: Where Declarant was not having any mala fide intention in delaying the payment by one day since challan generated stated expiry date as 1st July 2020, benefit of SVLDR Scheme cannot be denied.
Key Details:
Case Name: Cradle Runways Pvt. Ltd. vs. Union of India
Citation: (2024) 23 Centax 265 (Bom.)
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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