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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
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST UPDATE No 158 ON HIGH COURT DIRECTIONS ON ISSUANCE OF SUMMON

GST UPDATE No 158 ON HIGH COURT DIRECTIONS ON ISSUANCE OF SUMMON
With the passage of time, adversities and complexities in GST Laws have increased manifold. The tax authorities are having an approach to collect tax aggressively from the taxpayers either by hook or crook. In doing so, they issue summons and gather information which is the first step towards initiation of proceedings under GST Law. Furthermore, the industries and business houses are of the view that this exercise results in harassment by the officers and taking harsh actions against them thus, adversely impacting working capital and other operations of the businesses. Recently, issuance of summon was challenged before Hon’ble Bombay High Court in the case of F.S.M. EDUCATION PVT. LTD. The analysis of the decision is the subject matter of discussion of our present update. The petitioner is a music school engaged in the business of recreational activities such as imparting training in music to the students. The petitioner was requested to submit certain documents within the prescribed time which was duly submitted by them as well. Later on, summon was issued to the petitioner company without providing any details of the inquiry. The petitioner was interrogated and crossquestioned continuously thus, violating the guidelines issued in the said matter. The Counsel of the petitioner argued that as per FAQs of 34 questions issued by GST department dated 15.12.2018 indicates that the summon can be issued only as a last resort to obtain details. It should not be issued in a casual manner. Further, the summons cannot be issued to pressurize or coerce the petitioner. The court held that all the submissions made by the Counsel of the petitioner are correct. The department should inform the list of documents to be furnished by the petitioner on which clarification is required by the department. Reliance was placed on the FAQs dated 15.12.2018 thereby holding that the discretion of issuing summon should be exercised as last resort and details required should be obtained by way of ordinary letter, as far as possible. Furthermore, the petitioner was also cooperating and furnishing the documents within the prescribed time. Accordingly, the Court disposed of the Writ Petition and issued directions to the department that summon shall be issued only in the event where revenue authorities are not satisfied with the documents and response of the consultant of the petitioner. Moreover, if any summons are being issued by the revenue authorities, the same shall indicate the purpose of issuance of summon with seven days notice before fixing the date for recording the statement of the director. Issuing of summon is a crucial power which helps the department to get information to find out evasion of tax so it should be exercised cautiously. However, in the present scenario, it is being used as a sword against the taxpayer. The above matter is prone to litigations not only in GST but also in erstwhile indirect tax regime thus, leading to “tax terrorism”. The CBIC has also issued guidelines regarding issuance of summons in Central Excise and Service Tax matters vide Circular No. 207/07/2014-CX-6 dated 20.01.2015 which act as a shield for the taxpayers thus mitigating the adversities which is caused to the taxpayers on issuance of summons. It is worth mentioning that clarifications issued by the Board are binding on the departmental officers in view of the Apex Court decision given in the case of COLLECTOR OF CENTRAL EXCISE, VADODARA VS DHIREN CHEMICAL INDUSTRIES [2002 (139) ELT 3 (SC)]. Hence, the revenue authorities are bound to exercise due diligence while issuing summon to the assessee otherwise it leads to unnecessary harassment of the assessees.
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