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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 on No Registration required in another state for the execution of Contract -T&D Electricals#029/2020-21

GST Update on No Registration required in another state for the execution of Contract -T&D Electricals#029/2020-21

GST Update on requirement of separate registration for execution of contract in another state

 

The present update intends to discuss the recent advance ruling given by AAR Karnataka in the case of M/s T & D Electricals. In earlier update, we had discussed the decision pronounced by AAR Rajasthan in case of same assessee wherein the application was rejected and the applicant was asked to file advance ruling before AAR Karnataka. The applicant had filed advance ruling before AAR Rajasthan as it was registered in Rajasthan. The present advance ruling filed before AAR Karnataka involved three questions- first about the requirement of registration for executing a contract in Karnataka, second regarding leviability of tax if goods are purchased from dealer in Rajasthan for delivery in Karnataka and lastly the documents required to be accompanied with transporter of goods. The answer to first two questions was given but the answer to the third question was not given on the premise that it is not covered by the scope of advance ruling under section 97(2) of the CGST Act, 2017.

As regards the question regarding liability to take registration in the State of Karnataka is concerned, it was held that since the applicant does not has any fixed establishment in the State of Karnataka, there is no need to take separate registration in the State of Karnataka. As regards the second question wherein the applicant also inquired that in case if separate registration is not required to be taken in Karnataka,  whether the goods purchased from the dealer in Rajasthan with ship to in Karnataka would attract CGST and SGST of Rajasthan or IGST? It was held by the AAR that the case would be considered as “bill to ship to model” governed by section 10(1)(b) of the CGST Act, 2017 which states that the principal place of buyer would be the place of supply of goods. Therefore, the supplier and buyer both situated in Rajasthan, the dealer of Rajasthan would charge CGST and SGST of Rajasthan. However, the applicant would charge IGST from the service receiver in Karnataka. Similarly, if the goods were purchased by the applicant from dealer in Karnataka, the transaction would again be of “bill to ship to model” governed by section 10(1)(b) of the CGST Act, wherein it would be considered as inter state transaction liable to IGST.  

 The advance ruling denied to comment on the third question as the same being beyond the scope of section 97(2) of the CGST Act, 2017.

Although, the AAR ruled that there is no need to take separate registration by the applicant but not taking registration may lead to loss of input tax credit in case the applicant avails the services of sub-contractor. The sub-contractor providing services in relation to works contract would be of Karnataka and would be charging CGST and SGST of Karnataka as the place of supply in case of erection/installation services with respect to immovable property will be the place where at which the immovable property (construction site) is located, as per Section 12(3)(a) of IGST Act 2017. Therefore, in such cases the applicant who is registered only in the state of Rajasthan shall not be eligible to take the ITC of the CGST & SGST Karnataka charged on the tax invoice issued by the sub-contractor. In that case the applicant need to be cautious enough not to avail services wherein place of supply and location of supplier is in the State of Karnataka as in such cases there will be loss of input tax credit which would form cost to the applicant.

 

This is solely for educational purpose.

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