Legal Precedents’ Series_Issue 16 (Writs, Appeals and AAR)
Please click on the attached Issue 16 of ‘NITYA’s Insight-Legal Precedents’ Series’ (Writs, Appeals and AAR) covering the period of December, 2019 for your kind perusal.NITYA's Insight _ Legal Precedents' Series_Issue 16 (Writs Appeals and Advacne...
Emerging litigation issues under erstwhile Indirect Tax laws and relevant in GST regime
This update intends to apprise you regarding emerging litigation issues under the erstwhile Indirect Tax laws that holds relevance in GST regime as well. Our update deals with the following issues:Delay in adjudicationPre-Show Cause Notice (‘SCN’)...
Availability of Input Tax Credit where supplier has not deposited tax – Recent Jurisprudence
Please refer to our update (NITYA’s Outlook | Issue 18 | Input tax credit availability where ITC is not reflected in GSTR-2A or where the supplier has not deposited GST) where we discussed the scope and validity of Section 16(2)(c) of the Central Goods and...
Extension of one-time condonation of EPCG Scheme procedural compliances
This is to apprise you regarding Public Notice No. 55/2015-20-DGFT dated January 3, 2020 (‘Public Notice 55’) issued by the Directorate General of Foreign Trade (‘DGFT’) extending one-time condonation on various procedural aspects under the Export...
Judgement Update | Recent judicial precedents relating to Cesses viz. EC, SHEC, NCCD and SWS
The emerging jurisprudence on various Cesses under Indirect Tax laws (Customs and pre-GST laws).Cess is a special tax levied for a specific period and purpose. In India, multiple Cesses have been levied till date. These Cesses can be categorized into...
Availability of ITC on construction expenses – securing right to avail ITC beyond statutory time limit
The availability of Input Tax Credit (‘ITC’) on goods and services used for construction of immovable property has been a contentious issue. Section 17(5)(c) and Section 17(5)(d) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’) restrict ITC on...
Recent changes and clarifications under GST law (October 8, 2019 to January 12, 2020)
The Government in the recent times has introduced changes in GST through various notifications, circulars etc.In this regard, please click on enclosed ‘NITYA’s Insight I Issue 88 I Recent Changes and clarifications under GST law ’ on recent key changes and...
Stay of Show Cause Notices demanding IGST for violation of pre-import condition in Advance Authorisation scheme
The recent Stay Order passed by the Gujarat High Court in the case of Raajratna Ventures Limited v. Union of India, 2019-TIOL-2911-HC-AHM-CUS. BackgroundIn the case of Maxim Tubes Company Private Limited v. UOI, 2019-TIOL-459-HC-AHM-CUS (‘Maxim Tubes’),...
E-way bill : Emerging disputes and Way forward
Major disputes being faced by taxpayers vis-à-vis e-way bill compliances, its legal sanctity and way forward that a taxpayer may consider adopting.The GST law allows Proper Officer to intercept vehicles carrying goods for verification of documents such...
