Constitute GST Tribunal To Reduce Needless Litigations In The Form Of Filing Writ Petitions: Bombay High Court Advises CBIC

The Bombay High Court has advised the Central Board of Indirect Taxes (CBIC) to construct GST tribunals to reduce needless litigation in the form of filing writ petitions."It would be advisable, to avoid further complications, that the Board issues instructions to incorporate Clause 4.2 of the Circular dated 18 March 2020 in each order which is appealable to the Appellate Tribunal constituted under Section 109 of the Act. This would guide the aggrieved parties as to the future course of conduct...

Jammu & Kashmir Govt. Imposes Property Tax In Municipal Areas From April 1, 2023

The Housing and Urban Development Department of Jammu and Kashmir has notified the Jammu and Kashmir Property Tax (Other Municipalities) Rules, 2023, which prescribe the rules for the levy, assessment, and collection of property tax in the municipalities and municipal councils of the Union Territory of Jammu and Kashmir.The Rules shall be effective from April 1, 2023.The property tax applicable to residential and non-residential property shall be 5% and 6% of the taxable annual value (TAV),...

No Service Tax Payable On Construction Services Provided To Gujarat State Police Housing Corporation: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the service tax is not payable on the construction services provided to the Gujarat State Police Housing Corporation for the construction of a residential complex for the police staff.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the Gujarat State Police Housing Corporation Limited is 100% owned by the Government of Gujarat under the Ministry...

Dealer Can’t Undervalue Goods To Escape Tax, Under The Garb of E-Way Bill Isn’t Required For Goods Below Rs. 50,000: Allahabad High Court

The Allahabad High Court has ruled that under the garb of the protection given under Rule 138 of CGST Rules, 2017, dispensing the requirement of E-Way bill for movement of goods valuing below Rs.50,000, a dealer who is a manufacturer, cannot be allowed to send his goods to different consignees by undervaluing the same, and without the Taxing Authorities proceeding to take action against him under Section 129 of the CGST Act. Observing that the value of certain transported goods, as...

Appearance Of AR Not Enough For Presuming Service On Assessee Under S. 292BB Of ITA: Orissa High Court

The Orissa High Court has deprecated the Income Tax Authority who, despite being informed that the assessee was in judicial custody, failed to serve a notice upon him through the Superintendent of the concerned jail, in the proceedings initiated against the assessee under Section 263 of the Income Tax Act, 1961. The bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman remarked that a person in judicial custody is deprived of many constitutional rights, and thus any officer...

CBIC Directs Antecedent Verification To Be Completed Within 45 Days

The Central Board of Indirect Taxes and Customs (CBIC) has issued the circular directing that the antecedent verification be completed within 45 days of receipt of the application.The Board has noted that antecedent verification is facing unreasonable delays at certain field formations. In order to ensure that verification is completed in a timely manner, it has been decided to amend Circular 26/2016-Customs.Circular No. 26/2016-Customs dated June 09, 2016, provides for a centralized system of...

Renting Dharamshala On Nominal Rent For Marriages Not Commercial, No Property Tax: Punjab and Haryana High Court

The Punjab and Haryana High Court has held that if Dharamshala is provided at a nominal rent for conducting marriages, it will not amount to a commercial purpose.The division bench of Justice Rintu Bahri and Justice Manisha Batra has observed that Dharamshalas are not liable to pay the property tax.The petitioner's tax on lands and buildings was assessed, and the assessee was served with a notice of demand, including arrears, in the prescribed forms.In order to recover this amount, the Joint...

Misplacing FD Is Not The Ground For Deleting Addition Of Interest: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of interest on fixed deposits (FDs).The two-member bench of Anubhav Sharma (Judicial Member) and N.K. Billaiya (Accountant Member) has observed that the bank, in Form No. 26AS, has acknowledged the fixed deposits with it and has credited interest by deducting tax at source. Even if the fixed deposits are misplaced, the assessee can approach the bank and ask for duplicate fixed deposits.The appellant/assessee...

CBDT Prescribes New Form Of Report Of Audit For Trust, University, Educational Institutions, Hospital, Medical Institutions

The Central Board of Direct Taxes (CBDT) has announced the new Forms 10B and 10BB that charitable or religious trusts, institutions, universities, or other educational institutions are required to submit in accordance with Sections 10(23C) and 12A of the Income Tax Act.The Board has notified the Income-tax Amendment (3rd Amendment) Rules, 2023, which will take effect on April 1, 2023.Form 10 B relates to audit reports under Section 12A of the Income-tax Act, 1961, in the case of a fund, trust,...

Jharkhand High Court Stays Show-Cause Notices Issued By Two Different Authorities In Respect Of The Same Subject Matter

The Jharkhand High Court has stayed the show-cause notices issued by two different authorities in respect of the same subject matter as being outside its jurisdiction.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has listed the matter on 29.03.2023 for the next date of hearing.The petitioner has challenged the show-cause notice issued by the Assistant Commissioner of State Tax, Office of the Deputy Commissioner of State Tax under Section 73(1) of the...

Fabrication Of Bills Worth Rs.367 Crores, Accused In Custody For 18 Months: Punjab and Haryana High Court Grants Bail

The Punjab and Haryana High Court granted bail to the person accused of forging bills worth Rs. 367 crores and evading GST payments worth Rs. 26 crores.The single bench of Justice Deepak Sibal has observed that the petitioner has already undergone actual custody for nearly one year and five months. Even if he is convicted, the maximum sentence that can be imposed on him is five years. At the pre-charge stage, the majority of the prosecution's material witnesses are examined. The proceedings that...

Setting-Up Naval Communication Network By Subcontractor For BSNL, Attracts 12% GST: Maharashtra AAAR

The Maharashtra Appellate Authority of Advance Ruling (AAAR) has ruled that 12% GST is applicable on setting up the Naval Communication Network as a subcontractor for the Indian Navy on behalf of Bharat Sanchar Nigam Limited (BSNL).The two-member bench of Dr. D. K. Srinivas and Rajeev Kumar Mital, while allowing the appeal, observed that the Navy (under the Ministry of Defense, a central government ministry) has entrusted the BSNL by agreement and work contract to supply, install, and commission...