Goods and Services Tax Law Updates:
Notification/Circulars:
CGST Circular No. 190/02/2023-GST Dated:13-01-2023
Clarifications regarding applicability of GST on certain services – reg. (a) Applicability of GST on accommodation services supplied by Air Force Mess to its personnel; (b) Applicability of GST on incentive paid by Ministry of Electronics and Information Technology (MeitY) to acquiring banks under Incentive scheme for promotion of RuPay Debit Cards and low value BHIM-UPI transactions.
CGST Circular No. 189/20/2022-GST Dated 13-01-2023
Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022 –reg.
Circular No. 1/2023/GST Audits CCSTs File No: REV03-22024/2/2023-L1 SEC-CCT, Dt. 13/01/2023
APGST Act, 2017 – Conduct of investigations, audit, scrutiny and other functions envisaged in the Goods and Services Tax (GST) law – Avoidance of undue harassments to the taxpayers – Instructions – Issued – Regarding.
CBIC Instruction No. 2/2023 F. No. 401/02/2023-Cus-III Dated 7th January, 2023
Instruction regarding Health Warning on both sides of the tobacco product packages covering 85% of display area – reg.
Case Laws/Judgements:
Customs AAR Mumbai Ruling: (i) the export duty shall be levied on transaction value arrived in accordance to the Customs Valuation (Determination of Price of Export Goods) Rules, 2007 read with Section 14 of the Customs Act, 1962. The price charged in invoice on ex-mine basis is not the transaction value under section 14 of the Customs Act, 1962; (ii) the export duty shall be calculated on Free Board Value (FOB) value. All associated costs including the freight, insurance, etc., paid by the overseas buyer to the Indian exporter and/or to any other person (other than exporter) are relevant for determination of transaction value of export goods for delivery at the time and place of exportation in the present case; and (iii) the method of computation of transaction value of export of goods shall be as prescribed under the Customs Valuation (Determination of Value of Export Goods) Rules, 2007.
Hon’ble High Court held that the petitioner is liable to refund the amount in question which was received by him with interest. So far as the penalty is concerned on such refundable amount, petitioner is not liable to pay the same since admittedly the respondent/revenue authorities’ own case is that the amount of refund in question was paid to the petitioner due to mistake on their part and for no fault on the part of the petitioner.
Hon’ble CESTAT held that it is the consistent stand of various tribunal that NSDL/CSDL charges being statutory charges as per SEBI Rules should not be included for the purpose of service tax. The CESTAT further held that they are also of the view that the allegation of the department that the demat charges collected by the brokers are banking and financial service, hence taxable, also devoid of merit in as much such charges are collected by the Appellant, and paid to the depository participants viz. CDSL/NSDL who are authorised to levy such charges under the Depositories Act, 1996. Thus, in view of the aforesaid precedent, we do not find merit in impugned orders and accordingly set aside.
The assessee pray before Court seeks a direction to the GST department to permit the assessee to rectify the GST Return filed for the period September, 2017 and March 2018 in Form-B2B instead of B2C as was wrongly filed under GSTR-1 in order to get the Input Tax Credit (ITC) benefit by M/s. Odisha Construction Corporation Limited (OCCL), the principal contractor. The Court permits the assessee to resubmit the corrected Form-B2B under GSTR-1 for the aforementioned periods September, 2017 and March, 2018 and to enable the assessee to do so a direction is issued to the department to receive it manually.
Hon’ble Allahabad High Court held that the Tribunal has accepted that there were minor discrepancies in the books of accounts submitted by the assessee from the survey report and on the other hand had accepted the partial finding recorded by the assessing authority. Once the Tribunal has recorded finding that there was a minor discrepancy in the stock which was there at the time of survey and it tallied with the books of accounts then there was no occasion to take a different view.
Hon’ble CESTAT held that under the transitional provision Section 142 of CGST Act, limitations have been done away with for the purpose of refund arising under the existing law. It is further found that appellant have demonstrated during the course of hearing by producing extracts from their accounts maintained on SAP system, wherein they have demonstrated that they have debited the invoices which were raised and no service was provided, and have also demonstrated the copies of credit notes issued to their customers. In the facts and circumstances, appellant have not taken any credit in their accounts, nor claimed transition refund through Form TRAN-1 through GST regime. Further, the appellant has passed the bar of unjust enrichment, as under the facts and circumstances they have not passed on any credit to their customers which is duly certified by their Chartered Accountant. Accordingly, allow this appeal and set aside the impugned order. The Adjudicating Authority is directed to grant the refund within a period of 45 days from the date receipt of copy this order alongwith interest as per rules.
Hon’ble AAR pronounced the Ruking that 12% GST Payable on following items: 1. Salted and flavored Potato Chips; 2. Potato Sev (Aloo Sev); 3. Potato Chivda (Potato Salli Mixture); 4. Sing Bhujiya; 5. Sev Mamara (Roasted Puffed Rice mixed with Nylon Sev); 6. Chana Daal (Fried Split Bengal Gram); 7. Gathiya; 8. Khatta Mitha Chevda Mixture ; 9. Potato starch.
Weekly Newsletter GST Law and Other indirect Taxes [January, 2023] GST Updates, GST Circular and Notification, GST AAR Ruling; GST Weekly Updates
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