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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST UPDATE ON SEIZURE PROCEEDINGS TO BE VALID ONLY WHEN REASON TO BELIEVE EXISTS:-

GST UPDATE ON SEIZURE PROCEEDINGS TO BE VALID ONLY WHEN REASON TO BELIEVE EXISTS:-
The powers of search and seizure should be cautiously exercised by the officers as abuse of this power has far reaching adverse repercussions for the assessee. It is to be noted that as per the provisions contained in section 67 (1) of the CGST Act, 2017, where the proper officer , not below the rank of Joint Commissioner, has reasons to believe that a taxable person has suppressed any transaction relating to supply of goods or services or both, or has claimed higher ITC or has contravened the provisions of the Act, he may authorise in writing, any other officer of Central Tax to inspect any places of business of taxable person or engaged in transportation of goods or operator of godown or any other place. However, the above provision does not mean that mere suspicion can lead to initiation of proceedings under this section. The present update seeks to discuss the recent decision pronounced by the Hon’ble Delhi High Court in the case of M/S R.J. TRADING CO. VERSUS COMMISSIONER OF CGST, DELHI NORTH & ORS [W.P. NO. 4847/2021]. The premises of the petitioner was searched on the grounds that they were L2 supplier of goods being cigarettes which were purchased from M/s Mridul Tobie Inc. who defaulted in payment of GST under reverse charge mechanism on purchase of tobacco leaves from the farmers. The main ground for initiating search was to verify existence of the petitioner. Moreover, during the course of search proceedings, one of the employees was asked to produce the stock register maintained at the premises which he could not provide, which led to the formation of ‘reasonable belief’ that the said goods were meant for ‘illicit trade/supply’. The Hon’ble High Court held that the expression, ‘reason to belief’ has been examined by various Courts wherein it has been held that it does not the same connotation as say reason to suspect or belief that is based on surmises or conjectures or mere suspicion. On the contrary, the belief of the concerned authority should be based on some actionable material and there must be nexus with the formation of such belief. Reliance was placed on Supreme Court decisions in the case of ITO VS. LAKHMANI MEWAL DAS, 1976 3 SCC 757; GANGA SARAN & SONS PVT. LTD. VS. ITO, 1981 3 SCC 143; AND SYNFONIA TRADELINKS (P.) LTD. VS. INCOME-TAX OFFICER, [2021] 127 TAXMANN.COM 153 (DELHI)]. The Hon’ble High Court held that on perusal of the communication between the Joint Commissioner regarding authorisation for initiating search against the petitioner, it is found that there was no clue that ‘any’ goods of the petitioner liable for confiscation or ‘any’ documents which would be useful for proceedings had been secreted to a place, which was infact pre-requisite for initiating search proceedings. Hence, the very trigger for conducting the search, i.e., authorisation issued by the Additional Commissioner was flawed and unsustainable in law. Moreover, the stock file was also seized from their premises which indicate that there was no intention to make illicit supply of goods. It was also held that all the records were maintained including stock register by the petitioner in electronic form which is valid as per law. Furthermore, the stock found was supported with proper invoices, e-way bills, e-invoice, transporter’s challans etc. Accordingly, the search and seizure conducted by the authorities was declared as unlawful by the Hon’ble High Court. The above decision is an eye-opener for the departmental authorities as it is often observed that the provisions of statue are not complied with while exercising any of the intrinsic power assigned to them. The revenue authorities ought to be more cautious while forming ‘reason to believe’ for authorising inspection and search of the premises of the assessee. The above decision will act as a boon to the assessees.
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