A Special Procedure for Commissioner Appeals under GST

In a recent move to address concerns related to the filing of appeals under the Central Goods and Services Tax Act, 2017, the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs has issued Notification No. 53/2023–Central Tax. Dated 2nd November 2023, this notification outlines a special procedure for taxable persons …

Comprehensive Guidelines on GST Registration: Strengthening Processes

In a significant move to combat the rising issue of fake or bogus registrations under the Goods and Services Tax (GST) regime, the Central Board of Indirect Taxes and Customs (CBIC) has issued a comprehensive set of guidelines through Instruction No. 03/2023-GST, dated 14th June 2023. These guidelines, addressed to all Principal Chief Commissioners, Chief …

Guidance of CBIC on Employees Secondment Post NOS by Supreme Court

In a recent development, the Central Board of Indirect Taxes and Customs (CBIC) has issued Instruction No. 05/2023-GST, dated 13th December 2023, addressing the implications of the Hon’ble Supreme Court’s judgment in the case of Northern Operating Systems Private Limited (NOS). The judgment, delivered on 19th May 2022, pertains to the nature of secondment of …

Cancelling GST Registration Without Fair Hearing and Justification is unsustainable

In a recent landmark judgment, the Delhi High Court, in the case of M/s. Att SYS India Pvt. Ltd. Estex Tele Pvt. Ltd. Consortium v. Commissioner of Goods and Service Tax [W.P. (C) 14494/2023 dated November 20, 2023], has granted relief to the petitioners, directing the Revenue Department to reinstate their GST registration. The court …

Interest Waived Due to GST Portal Technical Issues: Kerala High Court’s Landmark Decision in M/s. Hilton Garden Inn Case

In a significant legal development, the Hon’ble Kerala High Court, in the matter of M/s. Hilton Garden Inn v. Commissioner of Kerala Goods and Service Tax Department and Others [WP (C) No.25069 of 2023 dated November 23, 2023], delivered a noteworthy judgment on November 23, 2023. The court allowed the writ petition, taking the stance …

GST Liability on Residential Property Rented for Commercial Use: AAR Rajasthan’s Ruling

In a significant ruling, the Authority for Advance Ruling (AAR), Rajasthan, addressed the complex issue of Goods and Services Tax (GST) liability concerning the leasing of residential property for commercial purposes. This ruling, documented in Advance Ruling No. RAJ/AAR/2023-24/14 on November 29, 2023, specifically involved M/s. Deepak Jain and Back Office IT Solution Pvt. Ltd. …

30 Days is a Reasonable Time Period for Filing Reply To Show Clause Notice of GST

The Hon’ble Madhya Pradesh High Court, in a landmark decision dated November 20, 2023, addressed the matter presented in WP No. 26693 of 2022, where M/s. Raymond Ltd. (referred to as “the Petitioner”) sought relief against the Show Cause Notice (“the Impugned SCN”) dated September 03, 2022, issued by the Revenue Department (“the Respondent”). The …

Compliance In Transportation Of Goods In SKD Or CKD Conditions

In the world of transporting goods, there’s a rule known as Rule 55(5) of GST that talks about sending things in different ways, like puzzles with pieces or building blocks. This rule specifically mentions sending goods in Semi Knocked Down (SKD) or Completely Knocked Down (CKD) conditions, along with batches or lots. Let’s break down …

Understanding the Significance and Compliance of Delivery Challan under GST

Introduction: In the dynamic landscape of Goods and Services Tax (GST) in India, the issuance of a delivery challan holds paramount importance as per Rule 55 of the CGST Rules, 2017. This document not only facilitates the movement of goods for various reasons but also ensures compliance with the mandatory provisions outlined in the rule. …

Compulsory GST Registration Requirement Under Section 24 of CGST Act, 2017

In India, Goods and Services Tax (GST) registration is a mandatory requirement for businesses with an annual turnover exceeding specified thresholds. It replaces a complex array of indirect taxes and unifies the taxation system. To register for GST, businesses must provide essential details to the GST portal and obtain a unique GSTIN. This process facilitates …

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