Daily GST Updates – October 5, 2022

• Advice of Consultant not constitute sufficient cause to condone delay in appeal filing
• ITAT deletes addition for TDS payable at year end made to Income of Legal Firm
• GST Refund Application: Period From 01.03.2020 to 28.02.2022 excludable in Limitation calculation
• No penalty on expenses disallowed on Notional/estimated basis
• Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable
• Excise duty on iron ore fines generated during the process of screening of coal
• Customs Broker License cannot be revoked if SCN not issued within 90 days of receipt of offence report
• Excise Duty: Losses up to 1% allowed without detailed Scrutiny
• CENVAT Credit allowable on Inputs used in production of electricity supplied Free of Cost
• CESTAT allows CENVAT credit on MS items used for fabricating & installing plant 
• Taxable services rendered for transmission of electricity are exempt
• 1% Vat payable on Devotional images made of gold under MVAT Act, 2002
• Customs Penalty u/s 112(b) unsustainable as appellant not dealt physically with alleged goods
• Import duty Refund u/s 27 not admissible in absence of modification in self-assessment
• Duty demand based on assumption and presumption not permissible
• New definition of Small Company w.e.f. 15th September, 2022
• Bonafide error of name in e-way bill generation – HC Quashes Penalty order
• No penalty for Bonafide mistake in entering name of consignee in E-way bill

Source Taxguru

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