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Daily GST Updates – September 1, 2022

Amidst confusions arising with regard to the levy of 5% GST on the penalty amount for cancellation of the train tickets, the South Central Railways confirmed that the levy is applicable only to the AC Classes.

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  • CBIC Simplifies Procedure for Compounding Customs Offences

The Central Board of Indirect Taxes and Customs (CBIC) has laid down the simplified procedure for compounding offences under the Customs Act.

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  • CBIC Rolls Out System-generated Centralized Examination Orders for BoE from 5th September

The Central Board of Indirect Taxes and Customs (CBIC) has decided to implement the system-generated centralized examination orders for Bill of Exchanges with effect from 5th September 2022.

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  • CBIC appoints Two New Members

The Central Board of Indirect Taxes (CBIC) has appointed two new members to the Board, ie., Ms. Rama Mathew and Mr. Alok Shukla.

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  • Amendment to VAT Act Post-GST has no Legislative Competence: Kerala HC

The Kerala High Court has held that the amendment to the Kerala Value Added Act in the year 2018 after the introduction of the GST Act is invalid due to legislative incompetence.

The Kerala High Court has held that the amendment to the Kerala Value Added Act in the year 2018 after the introduction of the GST Act is invalid due to legislative incompetence.

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  • GST: Officer duty bound to consider explanation for Expiry of E-way Bill u/s 129 CGST, rules Kerala HC

The Single Bench of Kerala High Court held that, the reason for invoking Section 129 of the Central Goods and Service Tax (CGST) Act when the E-way bill has expired then the officer is duty bound to consider the explanation offered by the petitioner for the expiry of the E-way bill.

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  • Timeline on uploading GST TRAN 1 in seeking Credit and Revision of Credit must not be identical: Madras HC

The Madras High Court has held that the timelines for uploading GST TRAN 1 for seeking credit as well as revision of the credit must not be identical.

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  • Supporting Evidence mandatory for claim TDS Credit in absence of TDS Certificate: ITAT

The Income Tax Appellate Tribunal (ITAT), Mumbai Bench consisting of Rahul Chaudhary, Judicial Member, and Om Prakash Kant, Accountant Member held that supporting evidence is mandatory for claiming TDS Credit in absence of a TDS Certificate.

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  • Sales Promotion is Post-Manufacturing Activity, Not Eligible for CENVAT Credit: CESTAT

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Bangalore has held that the sales promotion, being a post-manufacturing activity, is not eligible for CENVAT credit

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  • Refund of Unutilized CENVAT Credit can be claimed on Export of Legal Services under Rule 5 of CENVAT Credit Rules, 2004: Delhi HC

The Division bench of Delhi High Court held that refund of unutilized CENVAT credit can be claimed on export of legal services under Rule 5 of CENVAT Credit Rules, 2004.

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  • Allegation of undue Export benefit not sustainable in the absence of Corroborative Evidence: CESTAT

The Principal Bench of the New Delhi Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that the allegation of undue export benefit is not sustainable in the absence of corroborative evidence.

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  • GST Scam: Two Arrested for passing ITC using Fake Firms

The GST department has arrested two person in Chhattisgarh’s Raipur city on Tuesday for allegedly creating fake firms and passing on fake input tax credit (ITC) of Rs 5.92 crore by generating bogus invoices.

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Source Taxscan

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