- GOODS AND SERVICES TAX LAWS
GSTN incorporates changes in Form GSTR-3B for reporting of ITC availment, reversal and ineligible ITC
Editorial Note : The GSTN has issued update to inform taxpayers that the notified changes of Table 4 of GSTR-3B for reporting of ITC availment, reversal and ineligible ITC have been incorporated in GSTR-3B and are available on GST Portal since 01.09.2022.
- SECTION 15 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – SUPPLY – TAXABLE SUPPLY, VALUE OF
The applicant was licensed as ‘Agent’ and not as ‘fair price shop’, exemption under Entry Sl. No. 11A of Notification No. 1498-FT dated 22-8-2017 [Central Notification No. 21/2017-Central Tax (Rate), dated 22-8-2017] is not available – Provat Kumar Kundu, In re – [2022] 142 taxmann.com 76 (AAR-WEST BENGAL)
Consideration received in respect of elements like agent’s commission, agent’s transport charges, stationery charges, compensation on handling and evaporation loss shall form part of the value of taxable supply – Provat Kumar Kundu, In re – [2022] 142 taxmann.com 76 (AAR-WEST BENGAL)
- SECTION 29 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REGISTRATION – CANCELLATION OF
The appeal was rejected on the ground that limitation was correct but the same would adversely affect the petitioner as the department had suo motu cancelled registration and GST Tribunal had not been constituted; the matter was remanded back for re-consideration – Chenna Krishnama Charyulu Karampudi v. Additional Commissioner Appeals – [2022] 142 taxmann.com 70 (Telangana)
- SECTION 30 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REGISTRATION – REVOCATION OF CANCELLATION OF
For a collection of tax, an application for revival of GST registration should be allowed to be filed even though the assessee had not filed said application within the time limit provided under section 30 of CGST Act, 2017 – J. Jayakrishnan v. Additional Chief Secretary/Commissioner of Commercial Taxes – [2022] 142 taxmann.com 75 (Madras)
- SECTION 107 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – APPELLATE AUTHORITY – APPEALS TO
Appeal filed after the prescribed period or condonable period is not maintainable; Supreme Court order on an extension of time-limit due to Covid is not applicable where the appeal has been filed before Covid – Indian Institute of Corporate Affairs, In re – [2022] 142 taxmann.com 71 (AAAR-Delhi)
- SECTION 121(r) OF THE FINANCE (NO. 2) ACT, 2019 – QUANTIFIED
Where declaration under SVLDRS, 2019 was rejected on the ground that petitioner-declarant was subjected to audit and amount of tax dues was not quantified before 30-6-2019, in view of the fact that where the audit was conducted prior to the said date and duty liability was admitted by the declarant under each head, declaration filed by the petitioner was to be reconsidered – B. Chopda Construction (P.) Ltd. v. Union of India – [2022] 142 taxmann.com 77 (Bombay)
- SECTION 140 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – TRANSITIONAL PROVISIONS – INPUT TAX CREDIT – TRANSITIONAL ARRANGEMENT FOR
Supreme Court grants one-month extension to Goods and Services Tax Network (GSTN) to open a common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2; Window will start from October 1st, 2022 – Union of India v. Filco Trade Centre (P.) Ltd. – [2022] 142 taxmann.com 89 (SC)
Source Taxmann
