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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 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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