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Daily GST Updates – Sept 23, 2022

  • Customs Broker License revocation proceedings based on invalidated earlier offence report is not sustainable: CESTAT

The Principal Bench of New Delhi Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that the Customs broker license revocation proceedings based on an invalidated earlier offence report are not sustainable.

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  • CBIC notifies Reduction of Special Additional Excise Duty on Diesel

The Central Board of Indirect Taxes (CBIC) has issued a notification to decrease the Special Additional Excise Duty on Diesel.

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  • CESTAT disallows CENVAT Credit on Contents of Coal Fines/ Iron Ore Concentrates, not inputs under Rule 3(5) of CCR

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi disallowed demand of CENVAT Credit on contents of coal fines and held that contents of coal fines are not inputs under Rule 3(5) of Cenvat Credit Rules, 2004.

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  • Mens rea not proved in Gold Smuggling Case: CESTAT sets aside Penalty of 50 lakhs imposed u/s 112(b)(i) of Customs Act

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench set aside a penalty of 50 lakhs imposed under Section 112(b)(i) of the Customs Act, 1962.

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  • CESTAT disallows CENVAT Credit on Contents of Coal Fines/ Iron Ore Concentrates, not inputs under Rule 3(5) of CCR

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi disallowed demand of CENVAT Credit on contents of coal fines and held that contents of coal fines are not inputs under Rule 3(5) of Cenvat Credit Rules, 2004.

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  • Bill of Entry not reflected in GSTR-2B

Importers can claim IGST and cess paid on their imports only after issuing the bill of entry (BoE). Hence, taxpayers must access the bill of entry on the portal to avail input tax credit seamlessly. The GST Network (GSTN) provides a framework to taxpayers for finding the relevant bill of entry. At times Bill of Entry (BoE) is not reflected in GSTR-2B, and we all are well aware the we cannot claim Input Tax Credit (ITC) of inward supplies not reflected in GSTR-2B.

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  • GST Council to meet on October: Tax on Casinos, Online Games and GSTAT on Agenda

The appellate body deciding the tax policies under the indirect taxes in the country, the Goods & Services Tax (GST) Council may reportedly meet in October instead of September, as the group of ministers (GoM) on casinos, race courses & online gaming, as well as the panel on the GST Appellate Tribunal (GSTAT), are yet to submit their reports.

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