Centaxonline’s Tax Gazette
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Statutory Scope
CBIC notified exchange rates effective from June 21st, 2024: Notification
CUSTOMS ?|? CIRCULARS & NOTIFICATIONS
The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 21st June 2024, for import and export of goods.
Key Details:
Statute Number: NOTIFICATION NO. 45/2024
Date of Statute: 20-06-2024
Case Chronicles
GSTIN to be restored if all necessary dues are paid by firm suffering financial hardship due to cancer of its proprietor’s wife: HC
GST ?|? CASE LAW
GST: Where petitoner-firm was prevented from making payment of GST on time because its proprietor's wife was suffering from cancer, GST Authorities were directed to restore GSTIN of petitioner after all necessary dues under GST law were duly paid.
Key Details:
Case Name: Som Traders vs. State of Rajasthan
Citation: (2024) 19 Centax 369 (Raj.)
HC refused to grant writ to restrain CGST Dept. from issuing summons to assessee GST ?|? CASE LAW
GST : Where proceedings were initiated by SGST authorities against assessee and CGST authorities had issued summons to petitioner under section 70, petitioner should respond to said summons and raise all contentions, including contention that proceedings against it cannot be initiated by CGST Department.
Key Details:
Case Name: Shree Sai Hanuman Smelters Pvt. Ltd. vs. Senior Intelligence Officer, Directorate General of Goods and Service Tax
Citation: (2024) 19 Centax 368 (Mad.)
HC stayed coercive action against assessee since extension of limitation period by way of notification u/s 168A is challenged
GST ?|? CASE LAW
GST: Where impugned order demanded ineligible input tax credit in terms of section 73(9) of CGST Act read with section 20 of IGST Act alongwith interest and penalty, extention of period of limitation vide Notification No.09/2023, dated 31-3-2023 challenged by assessee in instant writ being contrary to provisions of section 168(A) of CGST Act, till respondents complete their instructions and file necessary affidavit.
Key Details:
Case Name: Debadib Das vs. Union of India
Citation: (2024) 19 Centax 354 (Gau.)
HC directs GST Appellate Authority to admit appeal as delay in filing same was only 21 days
GST ?|? CASE LAW
GST: Where assessee’s/petitioner’s appeal against original assessment order was rejected by appellate authority as being filed beyond condonable period, High Court set aside appellate order and directed appellate authority to receive and dispose of appeal on merits without going into limitation, considering that delay beyond condonable period was only 21 days and assessee’s/petitioner’s contention that ingredients of Section 74 were not satisfied.
Key Details:
Case Name: Sri Shanmuga Motors vs. State Tax Officer
Citation: (2024) 19 Centax 359 (Mad.)
HC set-aside order as personal hearing wasn’t granted before passing final order
GST ?|? CASE LAW
GST: Where asssessee developer availed benefit of Notification No. 03/2019–Central Tax (Rate) dated 29-3-2019 and paid GST at 1%, respondents issued impugned order levying GST at 5%, assessee expressly requested for personal hearing in reply to notice, personal hearing not granted, however since impugned orders preceded by both an intimation and notice and assessee's replies also taken into consideration, orders impugned were to be set aside subject to assessee remitting 5% of disputed tax dema.
Key Details:
Case Name: Tvl. Town & City Developers vs. State Tax Officer (Intelligence)
Citation: (2024) 19 Centax 361 (Mad.)
HC dismissed writ petition against order directing to reverse ITC since there was no violation of natural justice
GST ?|? CASE LAW
GST: Where assessee/petitioner contended it had submitted all documents to justify input tax credit availed on purchases from supplier, but revenue denied credit on ground that supplier had not filed returns and paid taxes, High Court dismissed writ petition challenging order, holding assessee/petitioner can avail statutory remedy as order is appealable.
Key Details:
Case Name: Vijay Impex vs. State Tax Officer
Citation: (2024) 19 Centax 364 (Mad.)
Order of demand to remain stayed since no show-cause notice was issued & no personal hearing was afforded: HC
GST ?|? CASE LAW
GST: Where impugned order of demand was issued under section 73 of SGST/CGST Act, assessee submitted only a summary of show-cause notice issued and no show-cause notice was issued which was contrary to provisions mandated under section 73 of GST Act and Rule, 142 of GST Rules and no personal hearing was afforded, till next date fixed, impugned order of demand was to remain stayed.
Key Details:
Case Name: Veerprabhu Auto Pvt. Ltd. vs. State of Assam
Citation: (2024) 19 Centax 363 (Gau.)
Storage of processed frozen green peas doesn’t fall under ‘services by way of storage of vegetables’: AAR
GST ?|? CASE LAW
GST: Where various processes are involved to change 'Raw Green Peas' into 'Frozen Green Peas' by applicant-assessee which changes basic essence and character of product, therefore, it does not fall under agricultural product or vegetable; Notification No. 12/2017-Central Tax (Rate) dated 28-06-2017 does not exempt services of storage of processed frozen green peas and applicable GST has to be paid by applicant-assessee.
Key Details:
Case Name: In Re: Stellar Cold Chain Inc.
Citation: (2024) 19 Centax 360 (A.A.R. - GST - UK)
Penalty can’t be imposed on CHA for export of goods prior to issuance of LEO: CESTAT
CUSTOMS ?|? CASE LAW
Customs: Where container was boarded on vessel by shipping line without Customs examination and Let Export Order, penalty under Section 114 of Customs Act, 1962 could not be imposed on Customs House Agent engaged by exporter without their prior knowledge about offending goods.
Key Details:
Case Name: Bhatia Shipping Pvt. Ltd. vs. Commissioner of Customs, Kandla
Citation: (2024) 19 Centax 347 (Tri.-Ahmd)
No relief from penalty to importer as declared price of imported spectacle frames was incorrect: CESTAT
CUSTOMS ?|? CASE LAW
Customs: Where declared per piece price of assorted very expensive brands of spectacle frames was obviously incorrect and quantity was also mis-declared, confiscation, redemption fine and penalty upheld.
Key Details:
Case Name: International Commodities vs. Commissioner of Customs, Ahmedabad
Citation: (2024) 19 Centax 349 (Tri.-Ahmd)
SCN issued after 3 years to deny benefit of exemption on interpretation of words isn’t justified: CESTAT
CUSTOMS ?|? CASE LAW
Customs: Where there was no misdeclaration, issue was of interpretation of notification entry, importer had very strong prima facie case on merit, and there was no change of circumstances from date of filing of bill of entry till issue of show cause notice, suppression of fact or wilful misstatement or fraud or collusion etc., could not be invoked for extended limitation period of three years.
Key Details:
Case Name: Power Grid Corporation of India Ltd. vs. Commissioner of Customs
Citation: (2024) 19 Centax 350 (Tri.-Ahmd)
No contempt if reward to informer was to be released only after conclusion of proceedings against assessee: HC
CUSTOMS ?|? CASE LAW
Customs: Where in terms of Rule 7 of Reward Policy dated 20th June, 2001, department could sanction and disburse final rewards to informant only after conclusion of all proceedings and proceedings against assessee were not closed, department found not to have wilfully and deliberately disobeyed High Court order for reward disbursement and contempt petition against department closed.
Key Details:
Case Name: Rannu Devi vs. Sandeep Kumar
Citation: (2024) 19 Centax 351 (Del.)
PVC resin impact modifier composed of butadiene content of almost 50% is classifiable under Heading 3902: CESTAT
CUSTOMS ?|? CASE LAW
Customs: PVC resin impact modifier, composed of butadiene content of almost 50% and methyl methylacrylate content of 15-20%, was classifiable under Heading 3902 relevant to butadiene in terms of Note 4 to Chapter 39 describing classification of co-polymer; there was no question of change of classification from Headings 3902 to 3906 on strength of sub-heading.
Key Details:
Case Name: Uniworth Enterprises LLP vs. Commissioner of Customs
Citation: (2024) 19 Centax 352 (Tri.-Ahmd)
Exporter can’t rely on doctrine of substantial compliance to export rice lying at private warehouses near port: HC
FOREIGN TRADE POLICY ?|? CASE LAW
FTP: Conditions (ii) and (iii), in para 2 of Notification No. 20/2023 dated 20-7-2023 banning non-basmati white rice export, requiring vessel carrying rice to berth and rice consignment be handed to Customs before issuance of Notification, were essential conditions for exception from ban, which could not be relaxed on test of substantial compliance.
Key Details:
Case Name: VI Exports India Pvt. Ltd. vs. Union of India
Citation: (2024) 19 Centax 353 (Del.)
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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