Centaxonline’s Tax Gazette
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Statutory Scope
CBIC issued clarification on Insurance Amount and Bond Value for CCSPs and validity of Bond for AEO-LO: Circular
CUSTOMS ?|? CIRCULARS & NOTIFICATIONS
The CBIC has issued clarification to provide that the amount of insurance to be provided by CCSPs should be equal to the average value of goods likely to be stored in the Customs area for a period of 5 days (based on projected capacity) and for an amount as Commissioner of Customs may specify having regard to the goods that are already insured by the importers or exporters.
Key Details:
Statute Number: CIRCULAR NO. 22 /2024-CUSTOMS
Date of Statute: 08-11-2024
Case Chronicles
Order cancelling GST registration quashed due to contradictory statements of dept. on receipt of reply
GST ?|? CASE LAW
GST: Cancellation of GST registration order containing contradictory statements about assessee’s reply to show cause notice quashed for lack of application of mind; matter remanded for fresh consideration after allowing assessee to file reply and granting hearing opportunity.
Key Details:
Case Name: Shiv Kumar Sanjeev Kumar vs. State of U.P.
Citation: (2024) 23 Centax 398 (All.)
Bail to be denied to person accused of GST fraud who was causing deliberate delay in framing charges: HC
GST ?|? CASE LAW
GST: Where ITC fraud case of hundred of crores affected society at large scale and it started from registration of fake firms by using Aadhar and PAN Cards of informant fraudulently, instant case being a case of forgery and not related to GST, proceedings could not be initiated against applicants under special Act i.e. Goods and Services Tax Act; further since accused were trying to cause deliberate delay so that charges might not be framed, thus, interfering in judicial process.
Key Details:
Case Name: Rajiv Jindal vs. State of U.P.
Citation: (2024) 23 Centax 210 (All.)
HC set aside demand order due to not granting hearing to assessee and remanded matter
GST ?|? CASE LAW
GST: Personal hearing mandatory under Section 75(4) before passing order under Section 73 and 122 of GST Act; non-compliance warrants order to be set aside and matter remanded.
Key Details:
Case Name: Anmol Traders vs. Deputy Commissioner Auraiya
Citation: (2024) 23 Centax 369 (All.)
Matter to be remanded as demand raised without proper hearing due to ill health of assessee’s consultant: HC
GST ?|? CASE LAW
GST: Where sufficient materials exist to prove no mismatch between GSTR-2A and GSTR-3B input tax claims but couldnt be presented due to consultants unavailability, order can be set aside and matter remanded for fresh consideration on payment of 10% disputed tax.
Key Details:
Case Name: ARS Irons vs. Assistant Commissioner (ST) (FAC)
Citation: (2024) 23 Centax 370 (Mad.)
Summary order passed without passing any detailed order is liable to be quashed: HC
GST ?|? CASE LAW
GST: Summary orders in FORM GST DRC-01 and consequent recovery actions have no legal validity in absence of detailed assessment order under Section 74 of GST Act.
Key Details:
Case Name: Bhikshu Metals Pvt. Ltd. vs. State of Gujarat
Citation: (2024) 23 Centax 371 (Guj.)
Matter was remanded for fresh consideration being initial GST period despite appeal was time barred: HC
GST ?|? CASE LAW
GST: Where appeal against GST demand was time-barred but appellant had pre-deposited 10% tax and claimed exemption due to customs duty paid on Nepal imports, matter remanded for fresh consideration being initial GST period.
Key Details:
Case Name: Delta Goods Pvt. Ltd. vs. Union of India
Citation: (2024) 23 Centax 372 (Cal.)
Legal Beacon
What Makes Adjudication Proceedings Ideal?
GST ?|? OPINION ?|? (2024) 24 Centax 95 (Article)
Adjudication is the process of deciding an issue relating to tax matters through departmental authorities empowered to determine issues relating to classification, valuation, refund claim, tax or duty payable etc. The department raises demands by way of Show Cause Notices (SCNs) to the assessees when irregularities are observed or suspected.
Author
Dr. Sanjiv Agarwal
FCA, FCS, D.Litt.
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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