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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST update 05.01.2016

OVERVIEW OF TAXES THAT ARE SUBSUMED IN GST

GST DAILY DOSE OF UPDATION:-
 
OVERVIEW OF TAXES THAT ARE SUBSUMED IN GST:-
 
GST law that is expected to be implemented by the mid of this year and is expected to revolutionarize the Indian Taxation Policy. At present, there are a number of taxes being levied by Central Government and State Governments. There are multiple taxations points like taxes are being levied on manufacture of goods, sale of goods, provision of services but under the proposed unified taxation GST, tax will be levied on ‘supply of goods and services’. Since India is a federal form of government wherein certain taxes are levied by Centre and certain taxes are being levied by State, ‘Dual GST’ form of taxation is proposed to be implemented so that Centre and States are able to simultaneously levy tax on supply of goods and services. There will be 4 types of taxes levied under the proposed GST regime being Central Goods & Service Tax (CGST) levied by Central Government, State Goods & Service Tax (SGST) levied by the State Government, Integrated Goods & Service Tax (IGST) levied by the Central Government on inter state trade, and 1% Additional tax which is non-cenvatable to compensate loss of manufacturing states during the initial stages of implementation of GST because GST will be destination based taxation wherein the consuming states would generate more revenue than manufacturing states.
 
GST will merge the following taxes presently being levied by the Central Government :-   
1.     Central Excise duty
2.     Duties of Excise (Medicinal and Toilet Preparations) 
3.      Additional Duties of Excise (Goods of Special Importance)
4.      Additional Duties of Excise (Textiles and Textile Products)
5.      Additional Duties of Customs (commonly known as CVD) 
6.     Special Additional Duty of Customs (SAD)
7.      Service Tax 
8.     Cesses and surcharges insofar as they relate to supply of goods or services
 
GST will subsume the following taxes presently being levied by the State Government:-
1.     State VAT
2.     Central Sales Tax 
3.     Purchase Tax 
4.     Luxury Tax 
5.     Entry Tax (All forms) 
6.     Entertainment Tax (not levied by the local bodies) 
7.     Taxes on advertisements 
8.     Taxes on lotteries, betting and gambling 
9.     State cesses and surcharges insofar as they relate to supply of goods.

Since a number of taxes are being merged into a single uniform tax, it is important to appropriately fix the GST rate. Furthermore, the exemptions are proposed to be kept at minimum possible level so that the single rate arrives at a lower rate because grant of exemptions are directly proportional to the rate of GST. The higher are the exemptions, the higher will be the GST rate because government will have to compensate its loss of revenue from exemptions by fixing higher rate of GST. However, exports will continue to be tax free in the GST regime to promote and facilitate the ‘Make in India’ motto.

Department News


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PRADEEP JAIN, F.C.A.

Head Office : -

Address :
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Phone No. :
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Mobile No. :
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Fax No. :0291 - 2439496


Branch Office : -

Address:
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E-mail :pradeep@capradeepjain.com