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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 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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