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Tax Alerts

2021

27th August, 2021

11th August, 2021

Denial of Cenvat Credit on recommendation by DGCEI not justifiable. Statement should be cross examined before passing of any order

11th August, 2021

Input tax creditreversal not requiredfor inherent loss of inputsoccurred during the manufacturing process

14th June, 2021

In a landmark Judgement the Madras High Court hold that a contract price comprises of three components viz. cost factors, profit margin and tax component, thus the value of tax component on account of GST should be fully paid back to the contractor

31st May, 2021

28 May, 2021

Interest on delayed payment of refund is applicable after three months of receipt of application as per the statutory provisions, delayed on account of show cause and other legal proceedings, even though unintentional shall be considered for delay payment

21 May, 2021

Relief measure undertaken to provide benefit to the taxpayer

7th May, 2021

Relaxation on interest rate for the month of March 21 & April 21

23th April, 2021

12th April, 2021

12th April, 2021

Parallel proceedings by Central & State Tax Authorities cannot be initiated at the same time

7th April, 2021

Supreme Court holds issuance of SCN by DRI Officers under Customs is invalid

18th February, 2020

Cabinet Approves PLI Scheme for Telecom Sector

12rd February, 2020

Odisha High Court grants bail in the matter of input tax credit on fake invoice, on the ground that unless accused is considered guilty, it is difficult to pre-judge a bail application and keep accused in Custody

3rd February, 2020

3rd February, 2020

Denial of input tax credit on account of limitation under Section 16(4)

2020

Dated 11th December, 2020

Dated 2nd November, 2020

Provisional Attachment of Property under GST

Dated 2nd November, 2020

Availment & utilization of EC, SHEC & KKC under GST through transition of un-utilized Input Tax Credit shall not be allowed – Divisional Bench of Madras High Court setting aside single judge bench decision

Dated 16th October, 2020

Steel Procurement by Micro, Small and Medium Enterprises members of EEPC) under Foreign Trade Policy

Dated 15th October, 2020

SEZ is entitled for refund of ITC distributed by ISD1

Dated 9th October, 2020

Changes in ICES For MOOWR and Certificate of Origin

Dated 6th October, 2020

Dated 1st October, 2020

Madras High Court denies refund of input services under inverted duty structure

Dated 24th September, 2020

Manufacture and Other Operations in a Special Warehouse Regulations, 2020

Dated 15th September, 2020

Writ filed against denial of Input tax credit under Section 17(5)(c) & 17(5)(d) of CGST on the basis of constitutional validity and legality

Dated 14th September, 2020

Delhi High Court dismissed writ, not to interfere the policy decision of the Government of India

Dated 14th September, 2020

Non imposition of penalty retrospectively in case of violation of Anti-Profiteering provision1

Dated 9th September, 2020

Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020

Dated 14th August, 2020

Turant customs- a solution for speedy clearance of goods

Dated 12th August, 2020

Intermediary services in cross border transactions shall be liable to CGST & SGST and shall not be considered as export.

Dated 12th August, 2020

Facility to discharge tax on installment basis where tax liability is admitted by tax payer along with interest.

Dated 8th August, 2020

Gujarat High Courts allows refund of accumulated input tax credit on account of

Dated 22nd July, 2020

A Memorandum of Understanding (MoU) was signed between the Central Board of Direct Taxes (CBDT) and the Central Board of Indirect Taxes and Customs (CBIC) for data exchange between the two organizations.

Dated 14th July, 2020

Maintenance and Repair Contract undertaken by an Indian branch of foreign company in India not to be considered as import of service and GST required to be discharged under forward charge mechanism by supplier

Dated 13th July, 2020

Writ petition cannot be sustained wherein the remedy of filing appeal available before Appellate Authority.

Dated 10th July, 2020

Input Tax Credit not admissible on inputs and inputs services used in construction of commercial immovable property subsequently used for renting.

Dated 26th June, 2020

Notifications with respect to due dates, late fee waiver and Clarification for calculation of late fees and Interest

Dated 26th June, 2020

Nation-wide webinar on Govt. new policies, relaxation, deadlines etc. of GST/FTP/Customs

Dated 17th June, 2020

IGST is chargeable on ex-factory supplies

Dated 15th June, 2020

Compensation Cess not to be set off from Clean Energy Cess

Dated 13th June, 2020

Law/Procedural changes recommended at the 40th GST Council Meeting

Dated 12th June, 2020

Activity of development of land by developer liable to tax under GST as supply of service <sup>1</sup>

Dated 8th June, 2020

Dated 14th May, 2020

Delhi High Court stays penalty for profiteering matter on sale of sanitary napkins.<sup>1</sup>

Dated 30th April, 2020

Guidelines for conducting personal hearing in virtual mode

Dated 27th April, 2020

GST department cannot raise demands for period before the takeover after finalisation of resolution plan

Dated 6th April, 2020

Relaxation in furnishing of Bond as per the Customs Act during the Lockdown period

Dated 6th April, 2020

Notifications and Circulars issued to provide relief to taxpayers in view of spread of COVID – 19

Dated 6th April, 2020

Detailed analysis of the recent notifications and circulars

Dated 4th April, 2020

Dated 31th March, 2020

Dated 31st March, 2020

Input Tax Credit in respect of goods purchased and works contract services used for construction and maintenance of warehouse are restricted services

Dated 27th March, 2020

Significant Amendment In Refund Rules Under The CGST Rules, 2017

Dated 14th March, 2020

Input Tax Credit in respect of installation and erection of Lift cannot be claimed as these are works contract service and lifts becomes integral part of Building, being an immovable property, hence restriction specified under Section 17 applies.

Dated 12th March, 2020

Tribunal restored their earlier order based on subsequent judgement of Hon’ble Apex Court, Can such change of opinion of law vide subsequent judgment of Supreme Court be taken as a mistake apparent on the face of record to reopen a concluded appeal by invoking Section 35C(2) of the Central Excise Act – Kerela High Court hold that settled position attained through disposal of an appeal cannot be unsettled on a ground of mistake apparent on face of records.

20th February, 2020

Supreme Court disposes multiple pending petitions holding that interim orders passed by High Court are contrary to statutory provisions of CGST Act and thus High Court have no powers to take decision under writ jurisdiction in respect of seized goods and release thereof.

Dated 14th February, 2020

The taxability dispute on ocean freight has been finally decided by the Gujarat High Court, which held that taxing ocean freight is ultra vires and leads to double-taxation

Dated 22th January, 2020

Social Welfare Surcharge to be paid mandatorily in cash from 10.01.2020 and not by utilizing of Duty Credit Scrip

2017

Dated 28th December, 2019

Principles of natural justice must be followed in case of any penal action taken against petitioner whether there is any provision under Act or not. Recovery proceedings without issuance of show cause notice or adjudication process is not justified

Dated 13th December, 2019

CBIC withdraws Circular on the scope of information technology-enabled services (ITeS)

Dated 13th December, 2019

Interest on delayed payment of interest under Indirect taxation allowed even though there is no specific provisions in the law. The Tribunal replying on Apex Court judgement under different statute hold that even though there is no provision for interest on delayed interest, that does not mean that there is any bar or prohibition for granting the same

Dated 22nd August, 2019

Procedure for obtaining Additional MEIS - No Incentive Certificate for Re-import of Exported Goods

Dated 1st August, 2019

Release of bond and bank guarantee pending in customs for importers/exporters who had availed advance authorization bearing notification number of physical exports instead of deemed exports

Dated 22th July, 2019

Introduction of customs inland manifest (cim) for e-sealed export cargo

Dated 12th July, 2019

A wind of relief for innocent buyers for non-payment of Tax by their defaulting sellers

Dated 12th July, 2019

No relief to GST evaders from Prosecution

Dated 5th July, 2019

Recent clarifications regarding GSTR 9- Annual Returns and GSTR 9C- Reconciliation Statement

Dated 3rd July, 2019

Dated 22th June, 2019

Introduction of Checks by Government to counter bogus IGST Refund claims

Dated 25th March, 2019

Note on applicability of IGST on Ocean Freight

Dated 4th March, 2019

Discontinuation of physical copy of Advance/ EPCG Authorization with effect from 01.03.2019

Dated 7th February, 2019

Guidelines to implement hassle free IGST refund mechanism

Dated 15th january, 2019

2017

May

Anomalies on chargeability of Ocean freight under Service Tax – Issuance of clarification

March

February

Ocean Freight of foreign carriers appointed by foreign vendor brought under the Service Tax net

Transfer of right to use amounts to deemed sale or service

Eligibility of the Refund Notifications subsequent to the Date of Exports

January

Cenvat linked benefits are extended to the imported goods even though such goods are not actually manufactured in India

West Bengal Sales Tax (Settlement of Dispute) Act 1999

2016

December

Foreign E-service providers brought within Service Tax net

June

CENVAT Credit eligible even if services are received in unregistered units of the assessee

Application for SAD Refund cannot be time barred if filed within time, before different authority

April

CENVAT credit cannot be denied solely on the certificate issued by technical expert for another assessee

Applicability of Service Tax on site formation and clearance, excavation and earthmoving and demolition service provided in relation to renovation of water bodies

Taxability of Services provided to an overseas manufacturer

Availability of CENVAT Credit on Service Tax paid by the provider of GTA Service

Taxability of Royalty payable to State Government on extraction of natural resource

Excess Duty wrongly paid cannot be withheld by the Department: Section 27 not attracted

Washing loss outside the factory is normal loss towards manufacturing-Credit cannot be denied

Drawback admissible on central excise portion even if goods procured from traders

Reconstruction of laws on Services provided by Government / Local Authority

Applicability of Service Tax under RCM when expenses incurred by Foreign C&F Agent, have already been included in the value of goods for discharge of custom duty

Availability of Cenvat credit on Commission Agent Service on sale of dutiable goods

March

Commissioner of Customs (Appeals) cannot put a pre-condition while remanding the case back to lower authority for afresh adjudication

Allegation of clandestine removal cannot be established solely on the basis of evidences collected from other assessee

Union Budget 2016-17 – Indirect Tax Analysis

February

2015

2014