GST Daily
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Today’s newsletter analytically summarizes the top GST stories reported at?taxmann.com.
The department conducted the search in the premises of the petitioner for irregular availment of ITC. Pursuant to the search conducted by the department, two summaries of show cause notice in Form DRC-01 were issued. The petitioner submitted a reply, but the reply was rejected, and a summary of the order was issued, imposing tax and penalty.
It filed a writ petition against the notice & order and contended that both show cause notices, as well as a summary, have to be issued. The department submitted that the petitioner participated in the proceedings by furnishing a reply in Form GST DRC-06, and therefore, there was no denial of principles of natural justice.
The Honorable High Court noted that even though the petitioner submitted a reply, the department can’t take benefit of said action as a summary of show cause notice can’t be considered as show cause notice as mandated under section 74(1). In the instant case, the proceeding suffered from material irregularity and hence was not sustainable, being contrary to section 74(1) and subsequent proceedings/ impugned orders cannot sanctify the same. Therefore, it was held that the summary of show cause notices issued in Form GST DRC-01 as well as impugned orders was liable to be quashed.
Based on the recommendation of the GST council in its 49th meeting, held on 18th February 2023, the CBIC has issued a notification to provide that with effect from the 1st March 2023, a 5% GST rate shall be applicable on Rab when sold in pre-packaged and labelled, and Nil GST, when sold in other than pre-packaged and labelled.
Now, CBIC has issued a clarification that in view of the prevailing divergent interpretation and genuine doubts regarding the applicability of the GST rate on Rab, the issue for the past period is regularized on an “as is” basis.
The monthly GST revenue is more than 1.4 lakh crore for 11 consecutive months in FY 2022-23. This was stated by the Union Minister of State for Finance, Shri Pankaj Chaudhary, in a written reply to a question in Lok Sabha.
In this regard, the Government has issued a press release to provide month-wise details of GST collection for FY 2022-23.
That’s it from us for today! Stay Tuned for more updates from?Taxmann.com.
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Sales Associate at Microsoft
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Sales Associate at Microsoft
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