No Limitation Applicable For Refund Amount Lying With Dept. Having The Nature Of Revenue Deposit: CESTAT

The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) has ruled that the limitation applicable for refund amount lies with the department having the nature of revenue deposit. The appellant/assessee is in the business of providing services under the category of "Construction Services", including commercial/industrial building or civil structure, works contract service, etc. The appellant is executing work for...

DGFT Extends Time Limit For Filing Annual Report Under EPCG Scheme For 2022-23

The Directorate General of Foreign Trade (DGFT) has issued a public notice extending the deadline for filing annual reports under the Export Promotion Capital Goods (EPCG) Scheme for the year 2022-23 till September 30, 2022. The EPCG Scheme promotes the import of capital goods for the production of high-quality goods and services, thus improving India's industrial competitiveness. The EPCG Scheme provides zero-duty imports of capital goods for pre-production, production, and...

ITC Admissible On GST Paid On GTA Service Despite Vehicles Travelling Empty in Return Journey: AAR

The Gujarat Authority of Advance Ruling (AAR) has ruled that the Input Tax Credit (ITC) is admissible on GST paid on goods transport agency (GTA) service supplied to it, despite refrigerated vehicles travelling empty during the return journey. The applicant, Vadilal, is in the business of supplying ice-cream in various states in addition to the supplies in Gujarat State. For transporting the goods to places located in different states, Vadilal has been using refrigerated vehicles...

Credit Availed By Indian Overseas Bank On The Service Tax Paid On Deposit Insurance Service Is Eligible For CENVAT Credit: CESTAT

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the credit availed by the Indian Overseas Bank on the Service Tax paid on the basis of the premium paid to the Deposit Insurance and Credit Guarantee Corporation (DICGC) for insuring deposits is eligible for CENVAT Credit. The appellant/assessee, Indian Overseas Bank, had wrongly availed CENVAT Credit...

Turmeric in Whole Form Is 'Agricultural Produce', Attracts 5% GST: AAAR

The Maharashtra Appellate Authority of Advance Ruling (AAAR) has ruled that 5% GST is payable on turmeric in its whole form, falling under the definition of "Agricultural Produce". The two-member bench of Rajeev Kumar Mital and Ashok Kumar Mehta has observed that the first supply of turmeric in whole form by farmers, being supplied by a non-taxable person in the Agricultural Produce and Marketing Committee, is not liable to GST by virtue of the provisions of section 23 (1) (b) and 2...

Assessee Should Be Given Opportunity To Produce Evidence Which Has Impact On Tax Liability : Calcutta High Court

The Calcutta High Court bench has held that assessees should be given the opportunity to produce evidence which has an impact on tax liability. The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De has observed that tax authorities must adjudicate upon the tax liability in accordance with the law. Similarly, if the assessee is unable to present certain evidence that affects the tax liability, the assessee should be given a reasonable opportunity to bring the evidence...

Commissioner Can't Allow Deposit Of Interest Payment In Instalments: Orissa High Court

The Orissa High Court bench of Justices Jawant Singh and Murahari Sri Raman has held that the Commissioner of CT & GST is not empowered to allow the deposit of interest payments in instalments. The petitioner/assesee contended that, in accordance with Section 39 read with Section 59 of the OGST Act, self-assessment returns on Form GSTR-3B and GSTR-1 were filed for the fiscal year 2019–20. While reviewing self-assessed returns for each tax period, the CT & GST Officer noted that ...

IT Service Provided By Assessee To Associate Company In USA Amounts To Export Of Service: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) and Raju (Technical Member) has ruled that IT services provided by the assessee to the associate company in the USA amount to an export of services.The Adjudicating Authority demanded the Service Tax, holding that the appellant's supply of services to the corporation M/s Celtic Cross Holding Inc., USA did not constitute export. The adjudicating authority ...

Tamil Nadu GST Dept. Issues Instruction To Identify Fake Billing Traders Applying For New GST Registration

The Tamil Nadu government has issued guidelines for identifying fake billing traders who apply for new GST registration. When a registered person issues a Tax Invoice without actual supply of goods or services or payment of GST then such invoice is presumed to be 'Fake Invoice'. The person issuing the bill is a fake bill trader. The registration procedure under the Goods and Services Tax Act has been streamlined to facilitate doing business by eliminating the need for pre-verification...

Commission Earned On Distribution Of Indian Mutual Fund Outside India, Not Taxable: ITAT Mumbai

The Mumbai Bench of ITAT has ruled that the commission earned on distribution of Mutual Funds schemes of an Indian fund outside India cannot be taxed in India, if all the operations are carried out by the distributor outside India. The Bench, consisting of Pramod Kumar (Vice President) and Sandeep Singh Karhail (Judicial Member), held that merely because the Mutual Funds distributed were controlled and regulated by SEBI and RBI in India, the commission earned by the...

Supply Of Bed Rolls Kits Amounts To Supplying Services To IRCTC, Chargeable To Service Tax: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the supply of bedroll kits to passengers of air-conditioned classes and other classes on behalf of IRCTC attracts service tax.The two-member bench of Ramesh Nair (Judicial Member) and P.Anjani Kumar (Technical Member) observed that the supply of bedroll kits to passengers for and on behalf of IRCTC is in the nature of a "customer care service". Therefore, the services are appropriately...

Delhi High Court Orders To De-seal Business Premises, Directs Assessee To Produce Documents

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Poonam S. Bamba has ordered the department to de-seal business premises and directed the assessee to produce documents.The department has sealed the business premises of the petitioner under Section 67 (4) of the Central Goods and Service Tax, 2017 for the want of documents. As per Section 67 (4) of the Central Goods and Service Tax, 2017, the officer authorised shall have the power to seal or break open the door of any...