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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST update No 308 on parallel proceedings for same period by different wings is not permitted

GST update No 308 on parallel proceedings for same period by different wings is not permitted
The issue as regards to simultaneous and parallel proceedings for the same time period under consideration is prone to litigations since long. There had been various cases in practical life wherein the assessees had to face the nightmare of parallel proceedings, the repercussions of which are directly proportionate to hampering of the business activities. Recently, one such issue on same subject matter was reported before Calcutta High Court in the case of M/S R.P. BUILDCON PRIVATE LIMITED & ANR. V/S THE SUPERINTENDENT, CGST & CX.  The decision imparted in this case is the subject matter of discussion of our present update.
 
The petitioner has filed an appeal seeking Writ of Certiorari to quash the notices issued by concerned officers since the same is related to Financial Year 2017-18 to 2019-20 for which audit under Section 65 of CGST Act, 2017 has been conducted. Further, it is argued to declare the scrutiny of returns under Section 61 of CGST Act, 2017 as void, once an audit under Section 65 of the Act has been conducted by department for the same tax period. It was argued that the 4 issues were pointed out for the said tax period out of which two were accepted and necessary tax and penalty were remitted for remaining two issues. The response in this respect was submitted and the matter did not conclude. Meanwhile, the other wings i.e. Anti-evasion wing and Range office proceeded by issuing notices for the very same period for which audit proceedings under Section 65 of the Act has already been commenced.
 
The counsel of revenue contended to dismiss the petition on the grounds that the proceedings are in the nature of show cause notice. It was further submitted that range officers were not aware of the proceedings initiated by the audit and anti-evasion wing.

The Court observed that different wings of same department are proceeding against the appellant for the same tax period i.e. from Financial Year 2017-18 to 2019-20. The departmental authorities initiated action and issued notice under Section 65 of the Act. The details of the same were also furnished in the notice regarding GST audit. The Court stated that why in the present days of electronic communication, parallel proceedings are conducted by the three wings of the same department for the same tax period. Therefore, it was held that since the audit already commenced, the same should be concluded and the proceedings of anti-evasion wing and range office should not be proceeded further. The petition was allowed and the impugned order was set aside.

 

The above decision is a favourable decision rendered by the High court providing shelter to the harassed assesses by addressing their concerns of initiation of simultaneous proceedings against the assessee. Recently, even we have come across one issue on similar lines wherein audit as well as anti-evasion wing initiated proceedings pertaining to the same time period. But it was very difficult to make them understand the legal position pronounced by High Court.

The same point of view is upheld by various courts as well, such as Madras High Court in the case of COMMISSIONER OF CUSTOMS, CHENNAI V/s CHEMPLAST SANMAR [W.P. No. 2017 (354) E.L.T. 513 (Mad.)]. It is high time that judicial pronouncements like these should be considered by the subordinate authorities before initiating any proceedings failing which increases the difficulties of the taxpayers manifold as they have to knock the doors of courts for seeking relief.

 

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