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Writ dismissed as assessee neither applied for revocation nor filed an appeal within extended limitation period: HC
The petitioner, a registered taxpayer under the GST law, had his GST registration cancelled by the respondent department. Despite having the statutory remedy of filing an application for revocation under Section 30 of the Central Goods and Services Tax Act, 2017, or an appeal within the prescribed limitation period, the petitioner failed to take any action within the stipulated timeframe. After a prolonged delay, the petitioner filed a writ petition before the Hon’ble High Court, challenging the cancellation order and seeking judicial intervention under Article 226 of the Constitution of India. The petitioner contended that similar matters had been entertained by the court previously and sought discretionary relief for reinstatement of his GST registration.
The Hon’ble High Court held that since the petitioner neither applied for revocation of the cancellation nor filed an appeal within the prescribed or extended limitation period, discretionary relief under Article 226 could not be granted. The court observed that the petitioner had remained indolent for a significant period, failing to exercise the available statutory remedies. Consequently, the writ petition was dismissed. However, the court clarified that the petitioner was at liberty to apply for fresh registration before the competent authority, and the cancellation order would not operate as a bar to such an application.
Global IDT Insights: UAE FTA clarifies VAT treatment on cryptocurrency mining
The UAE Federal Tax Authority has issued a Public Clarification detailing the VAT treatment of cryptocurrency mining. Under the proof-of-work mechanism, an individual may mine cryptocurrency either for personal purposes or on behalf of another party by providing computational power or access to data farms. Cryptocurrency mining conducted for one’s own account does not qualify as a taxable supply and, therefore, falls outside the scope of VAT. However, mining performed on behalf of another person, such as by supplying computational power, is deemed a taxable supply of services.
Regarding input tax, expenses incurred by individuals mining for their own account are not eligible for VAT recovery, as these costs are not associated with a taxable supply. Conversely, if a VAT-registered entity mines on behalf of another party, input tax on related expenses may be recovered to the extent that they contribute to making a taxable supply.
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