Judiciary updates-27th Oct 2021 (Income tax, GST & Corporate Laws)

GST

SC: Nature of levy cannot be determined with nomenclature ascribed to Tax

Jalkal Vibhag Nagar Nigam dated SC 22 Oct 2021

Opinion under Section 83 of CGST Act should be strictly based upon material facts

Mutharamman & Co. (Madras HC dated 05/10/2021)

Income Tax

Section 12AA registration cannot be denied without examining the activities

ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi) dated 21/10/2021

ITAT explains basic conditions for Satisfaction of reimbursement Claim

Rieter Machine Works Limited Vs ACIT (ITAT Pune) dated 21/10/2021

No attribution of profit in absence of permanent establishment

ESPN Star Sports Mauritius Vs DCIT (ITAT Delhi) dated 20/10/2021

HC dismisses writ petition as petitioner is having alternative statutory remedy of appeal

Ankit Gupta Vs National Faceless Assessment Centre (Rajasthan High Court) dated 21/10/2021

Corporate Laws

Sec 138 NI Act: Complaint comes to an end Once Accused & Complainant Enter into a Settlement Agreement: SC

Gimpex Private Limited Vs Manoj Goel (Supreme Court of India)  dated 08/10/2021

Authorities shall provide opportunity of hearing before arriving at any figure in demand Notice

Golden Trees Plantation Limited Vs Securities And Exchange Board of India (Gujarat High Court) dated 06/09/2021

Calculating limitation period for proceedings under IBC?

V Nagarajan Vs SKS Ispat and Power Ltd.& Ors. (Supreme Court of India) dated 21/10/2021

HC asks govt to keep vigil on ‘Rising Frauds in Aadhaar Enrollment

Naresh Kumar R.P. Vs State of Karnataka (Karnataka High Court) dated 30/09/2021

Benami Act, 1988, would not extend to properties purchased by the company

Kalyan Buildmart Pvt. Ltd. Vs Initiating Officer (Rajasthan High Court) dated 06/10/2021

Regards

Bipul Kumar

Judiciary updates (Income tax & GST)- 25th Oct 2021

Income Tax

ITAT sustains addition of 10% of amount of bogus purchases

Ashoka Buildcon Limited Vs ACIT (ITAT Pune) dated 04/10/2021

Section 148 notice in non-existent company name was bad in law

Transway Wine Pvt. Ltd. Vs PCIT (Calcutta High Court) dated 05/10/2021

HC quashed final assessment order of NaFAC for denial of sufficient time

Sureshkumar S. Lakhotia Vs National e-Assessment Centre & Ors. (Bombay High Court) dated 08/09/2021

Affidavit submitted by Assessee cannot be rejected without any plausible reason

Ashok Kumar Banthia Vs DCIT (ITAT Jodhpur) dated 06/09/2021

GST

Non-Transmission of Data Relating To Export from GSTN to ICEGATE Not A Valid Ground To Withhold Refund

SRC Chemicals Private Limited & Anr. Vs Central Board of Indirect Taxes (Bombay High Court) dated 12/10/2021

GST on land after developing by erecting civil structure or a building or a complex

In re TIF Integrated Industrial Parks PVT Ltd (GST AAR Telangana) dated 30/09/2021

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

Siddharth Enterprises Vs The Nodal Officer (Gujarat High Court) dated 14/10/2021

Regards,

Bipul Kumar

Judiciary updates (GST & Income Tax )-23rd Oct 2021

GST

HC issues notice on Plea challenging Constitutional Validity of CGST Rule 90(3)

Neogen Chemicals Ltd. Vs Union of India (Gujarat High Court) dated 20/10/2021

HC makes scathing remarks against dept for not allowing filing of Form Trans-1 Siddharth Enterprises Vs The Nodal Officer (Gujarat High Court) dated 14/10/2021

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN Nkas Services Private Limited Vs State of Jharkhand (Jharkhand High Court) dated 06/10/2021

Advance ruling cannot be obtained in respect of past & completed supply USV Private Limited (GST AAR Maharashtra) dated 14/10/2021

Income Tax

Section 43CA applies when a registered document is executed Spytech Buildcon Vs ACIT (ITAT Jaipur) dated 14/07/2021

ITAT restricts addition to 10% for assessee engaged in business of manpower Santi Ranjan Biswas Vs ITO (ITAT Delhi) dated 14/10/2021

Section 54 deduction available even on amount invested in excess of share in property ITO Vs Rachna Arora (ITAT Chandigarh) dated 31/03/2021

Regards

Bipul Kumar

Advisory for taxpayers on Form GSTR-2B (GST Portal update 18th Oct 2021)

18/10/2021

1. Form GSTR-2B is an auto-drafted ITC statement which is generated for every normal taxpayer on the basis of the information furnished by their suppliers in their respective GSTR-1/IFF, GSTR-5 (non-resident taxable person) and GSTR-6 (input service distributor). This statement indicates availability and non-availability of input tax credit to the taxpayer against each document filed by their suppliers and is made available to the taxpayers in the afternoon of 14th of every month.

2. Please click on below links to access additional content related to Form GSTR-2B:

https://tutorial.gst.gov.in/downloads/news/updated advisory_gstr_2b_12_10_2021.pdf – for detailed advisory

https://tutorial.gst.gov.in/userguide/returns/index.htm#t=Manual_gstr2b.htm –for User Manual

https://tutorial.gst.gov.in/userguide/returns/index.htm#t=FAQ_gstr2b.htm – for FAQs

Thanking You,
Team GSTN

1 arrested by Delhi CGST Officials for fraudulently claiming ITC of Rs 134 crore

Ministry of Finance Press Release dated 13 Oct 2021

The officers of Central Goods and Services Tax (CGST) Commissionerate, Delhi East, carried out the detailed analysis and unearthed a network of fictitious exporters who were availing and utilizing fake Input Tax Credit (ITC) of Rs 134 crore under the Goods and Services Tax (GST) with an intent to claim IGST refund fraudulently.

On the basis of Risk Analysis, a risky exporter M/s Vibe Tradex was identified for scrutiny. M/s Vibe Tradex is engaged in export of Pan Masala, chewing tobacco, FMCG goods etc.

The network of fictitious exporters was being operated by a person named Mr Chirag Goel, who is an MBA from University of Sunderland, UK. On an extensive analysis of the e-Way Bills generated by two supplier firms/ companies owned by his associate, who is at large, it was found that the vehicles for which the e-way Bill were generated for purported supply of goods were being used in distant cities namely Gujrat, Maharashtra, Madhya Pradesh and had never entered Delhi during the said period.  The fake Input Tax Credit availed and utilized is Rs. 134 crore.  

Mr Chirag Goel masterminded a deep-rooted conspiracy to defraud the Government and committed offences specified under Section 132(1)(c) of the CGST Act, 2017 which are cognizable and non-bailable.  He has been remanded to judicial custody by the Metropolitan Magistrate Patiala House Courts, New Delhi, for a period 14 days till 26.10.2021.  Further investigation in the case is under progress.

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RM/KMNRelease Id :-1763540

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Judiciary updates (GST)-12th Oct 2021

  1. GST payable on e-procurement services provided to Government (Telangana State Technology Services Limited (GST AAR Telangana dated 04 -10- 2021)
  2. No GST exemption on storage of processed cotton (  In re Kakkirala Ramesh (GST AAR Tealangana) dated 20 Sept 2021)
  3. Provisional attachment of Bank Accounts – lack of application of mind (Monopoly Innovations Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court) dated 24-09-2021)
  4. Pre deposit for appeal under GST should be paid through cash ledger only: HC ( Jyoti Construction Vs Deputy Commissioner of CT & GST (Orissa High Court) dated 07 -10-2021)
  5. HC grant Bail to person accused of issuing Fake Invoices & availing bogus ITC ( * Manoj Bansal Vs Director General of GST Intelligence (DGGI) (Punjab and Haryana High Court) dated 28- 09- 2021)
  6. Wrongful availment of ITC under GST: High Court grants Bail ( Shailesh Chandra Vs DGGI Jaipur Zonal Unit (Rajasthan High Court) dated 01-10-2021)
  7. GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC ( International Value Retail Private Limited Vs. Union of India & Ors (Calcutta High Court) dated 10- 09-2021)
  8. HC stays Provisional Attachments order passed without application of mind

( Kerala Communicators Cable Limited Vs The Commissioner Of Central Tax And Central Excise (Kerala High Court) dated 01-10-2021)

Regards
Bipul Kumar

Measures for streamlining compliances in GST (45th GST Council Meeting dated 17th Sept 2021)

Refer YouTube video link


https://youtu.be/H0VJVlQoYrU

  1. Aadhaar authentication of registration to be made mandatory for being eligible for filing refund claim and application for revocation of cancellation of registration.
  2. Late fee for delayed filing of FORM GSTR-1 to be auto-populated and collected in next open return in FORM GSTR-3B.
  3. Refund to be disbursed in the bank account, which is linked with same PAN on which registration has been obtained under GST.
  4. Rule 59(6) of the CGST Rules to be amended with effect from 01.01.2022 to provide that a registered person shall not be allowed to furnish FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for the preceding month.
  5. Rule 36(4) of CGST Rules, 2017 to be amended, once the proposed clause (aa) of section 16(2) of CGST Act, 2017 is notified, to restrict availment of ITC in respect of invoices/ debit notes, to the extent the details of such invoices/ debit notes are furnished by the supplier in FORM GSTR-1/ IFF and are communicated to the registered person in FORM GSTR-2B.

DGGI Gurugram arrests 3 persons, including mastermind, commission agent and CA in racket of fictitious firms involving fake ITC of 121 crore (Ministry of Finance Press Release dated 15th Sept 2021)

The Directorate General of GST Intelligence (DGGI) Gurugram Zonal Unit (GZU), Haryana has arrested 3 persons including a CA on charges of creating and operating multiple fictitious firms on forged documents and passing large amounts of fake input tax credit by way of issuance of invoices without any actual receipt or supply of goods or services.

From the investigation conducted till date, it has been established that one of the arrested persons has created at least 13 firms and has been involved in availing and passing on of a total fraudulent ITC of Rs 121 crore.

It has also emerged that the person who had created the fake/dummy firms worked in tandem with a commission agent, who used to sell these goodless invoices to established firms for commission, both directly and through different brokers. The commission agent has also been arrested.

Further, in this chain from the financial movement it has emerged that established firms (end-users) would make transfers to these fake firms, from where the amounts would then be transferred to the account of a private limited company from where the CA in question would withdraw and return the said amount in cash after deducting the commission of his company as well as his own commission. The amounts of cash transactions ranged around Rs 30-40 lakh per day.

The investigation spanned multiple locations and based on verifications, evidence and statements recorded, it has appeared that the these three persons i.e. the creator of the fake firms, commission agent and the CA were operating in tandem orchestrating this racket of making fake firms on forged documents and having passed on fraudulent ITC amounting to Rs 121 crore (so far). Accordingly, they were arrested under the provisions of Section 69 read with Section 132 of the CGST Act, 2017 on 13.09.2021 and produced before CMM, Delhi, who ordered 14 days judicial custody.

Further investigations in the matter are under progress.