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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
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GST Update No 125 on rejection of registration application for non-submission of electricity bill

GST Update No 125 on rejection of registration application for non-submission of electricity bill
In any Tax regime, grant of registration is a beneficial compliance for the government as tax revenue increases. However, it is strange that the revenue authorities are reluctant to grant registrations and tend to reject the registration application on frivolous grounds such as non-submission of documents which are not even prescribed by the Statue. Recently, similar issue was raised before the Hon’ble Allahabad High Court in case of RANJANA SINGH VS COMMISSIONER OF STATE TAX [W.P. NO. 1084 OF 2021] wherein the registration application filed by the petitioner was rejected for non-submission of electricity bill. The analysis of this decision is the subject matter of our present update. The petitioner applied for GST registration on 17.08.2021 through online mode. After carrying out an inspection of the office, the petitioner was required to furnish certain documents to the authorities. The petitioner furnished all the required documents as per the GST Act and Rules i.e. PAN Card, Adhaar Card, House Tax Receipt but their application for registration was rejected by the authorities on the ground that electricity bill was not produced. The petitioner contended that there is no requirement of submitting electricity bills for obtaining GST registration as per Section 25 of CGST Act, 2017 read with Rule 8 and 9 of CGST Rules, 2017. The Counsel of Department argued that part B of GSTR-1 contains a list of documents to be submitted which contains submission of electricity bill as well. The Court after analyzing the provisions of Section 25 of CGST Act, 2017 and Rule 8 of CGST Rules, 2017, concluded that the taxpayer needs to furnish PAN Card, Adhaar Card, House Tax receipt along with application of registration. The Court held that nowhere, there was requirement of furnishing electricity bill. The petitioner duly complied with all the provisions of the Act and the Rules. The Court further held that the contention taken by department for rejection of registration was arbitrary,illegal and baseless. It was thus held that the registration should be granted to the petitioner. A penalty was also imposed on the revenue officer for harassing the assessee. It is commonly observed that the department demands documents which are not even prescribed by the statutory provisions which lead to inconvenience to the assessee. To illustrate- revenue authorities also ask the assessee to furnish rent agreements, ESI, PF documents for verifying the employees of the assessee which has infact no relevance with respect to registration requirement under GST Law. Even for granting GST registration, which is infact a source of revenue generation to the government, various documents are demanded from the assessee time and again which are not even prescribed in the Law. This not only overburdens the assessee with unwarranted compliance and also results is wastage of valuable time of assessee and department both. Similarly, it is observed that the revenue authorities refrain from allowing revocation of cancellation of registration application which is again beneficial for revenue generation. Its high time that the officials understand that liberal approach needs to be followed in case of registration formalities.
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