Hon’ble Supreme Court held in para 15 of judgement that Duty Free Shops, whether in the arrival or departure terminals, being outside the customs frontiers of India, cannot be saddled with any indirect tax burden and any such levy would be unconstitutional. Therefore, if any tax is levied, the same cannot be retained and the Duty Free Shops would be entitled for refund of the same without raising any technical objection including that of limitation.
Hon’ble High Court held that GST Appeal Pre deposit can be paid through Electronic Credit Ledger. Para 3 of Judgment: “It is seen that by circular dated 6th July 2022 issued by the GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry of Finance, Government of India, it has been clarified that payment of pre-deposit can be made by using the ECL.”
The amount of late fee payable under section 47 of the said Act shall stand waived which is in excess of two hundred and fifty rupees and shall stand fully waived where the total amount of central tax payable in the said return is nil, for the registered persons who fail to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to March 2019 or for the Financial years from 2019-20 to 2021-22 by the due date but furnish the said return between the period from the 1-April-2023 to the 30-June-2023.” i.e. Total late fee payable is Rs. 500/- (Max) (CGST Rs. 250 and SGST Rs. 250).
The registered person, whose registration has been cancelled under clause (b) or clause (c) of sub- section (2) of section 29 of the said Act on or before the 31st day of December, 2022, and who has failed to apply for revocation of cancellation of such registration within the time period specified in section 30 of the said Act as the class of registered persons who shall follow the following special procedure in respect of revocation of cancellation of such registration, namely:–
a) the registered person may apply for revocation of cancellation of such registration upto the 30th day of June, 2023;
b) the application for revocation shall be filed only after furnishing the returns due upto the effective date of cancellation of registration and after payment of any amount due as tax, in terms of such returns, along with any amount payable towards interest, penalty and late fee in respect of the such returns;
c) no further extension of time period for filing application for revocation of cancellation of registration shall be available in such cases.
Explanation: For the purposes of this notification, the person who has failed to apply for revocation of cancellation of registration within the time period specified in section 30 of the said Act includes a person whose appeal against the order of cancellation of registration or the order rejecting application for revocation of cancellation of registration under section 107 of the said Act has been rejected on the ground of failure to adhere to the time limit specified under sub-section (1) of section 30 of the said Act.
GST Notification No. 04/2023– Central Tax dated 31.03.2023
Changes have been made in Rule 8(4A) & Rule 8(4B) pertaining to procedure regarding Aadhar authentication and biometric verification of applicants. The said changes shall be deemed to have come into force from 26.12.2022.
GST Notification No. 05/2023–Central Tax Dated: 31-03-2023
The Central Government, on the recommendations of the Council, hereby makes the following amendment w.e.f. 26-12-2022 in the notification of the Government of India, the Ministry of Finance (Department of Revenue) No. 27/2022-Central Tax, dated the 26th December, 2022. In the said notification, for the words, “provisions of”, the words “proviso to” shall be substituted.
GST Notification No. 06/2023–Central Tax Dated: 31-03-2023: Amnesty scheme for deemed withdrawal of assessment orders issued under Section 62 (Assessment of Non-filers of returns)
GST Notification No. 07/2023 – Central Tax dated 31.03.2023: Rationalisation of late fee for GSTR-9 (Annual Return) : for the financial year 2022-23 onwards
GST Notification No. 08/2023–Central Tax Dated: 31-03-2023 (Amnesty to GSTR-10 (Final Return))
The amount of late fee referred to in section 47 of the Act, which is in excess of five hundred rupees for the registered persons who fail to furnish the final return in FORM GSTR-10 by the due date but furnish the said return between the period from 1-April-2023 to 30-June-2023. i.e. Total late fee payable is Rs. 1000/- (Max) (CGST Rs. 500 and SGST Rs. 500) {late fee is Rs. 200/- p.d.}.
Extended time limit specified under sub- section (10) of section 73 for issuance of order under sub-section (9) of section 73 (Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any willful-misstatement or suppression of facts) of the said Act, for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilised, relating to the period as specified below, namely: (i) for the financial year 2017-18, up to the 31st day of December, 2023; (ii) for the financial year 2018-19, up to the 31st day of March, 2024; (iii) for the financial year 2019-20, up to the 30th day of June, 2024.
Weekly Newsletter GST Law and Other indirect Taxes [April, 2023] GST Updates, GST Circular and Notification, GST AAR Ruling, GST Weekly Updates
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