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Cus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaGST - Conclusion that taxable person is providing a service to supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier is ex facie erroneous and contrary to the fundamental tenets of GST law: HCIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US officialI-T- As per Section 119(2)(b), power to condone applications relate to claims for amount exceeding Rs 50 lakhs are to be considered by CBDT; however it is impermissible for CBDT to pass order on merits: HC8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesI-T- Additions framed u/s 68 for unexplained income & u/s 69 for unexplained expenditure not tenable where complete transactional details are furnished & not doubted: HCRailways earns Rs 14798 Crore from Freight loading in June monthI-T- Delay in filing ITR is per se insufficient reason to estimate assessee's profit @15% on turnover, more so where audited financial report is filed in timely manner: ITATMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- For invoking section 69A, assessee should be found to be owner of any money, bullion, jewellery or other valuable article & which is not recorded in the books of account: ITATGovt proposes Guidelines for ethical approach to Coal MiningI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024I-T- Lending money with the primary intention of earning interest can be considered a business activity, but nature and manner of lending, as well as the frequency, should be taken into account: ITAT
 
GST Council caps Bound Rates for CESS; Next meet on Mar 31 for Rules; CBEC Chairman retiring same day may get extension

By TIOL News Service

NEW DELHI, MAR 16, 2017: AT the latest meet the GST Council today approved the twin laws of SGST and UTGST with some minor editing. With this approval, all the five laws have been cleared by the Council and the Centre is preparing to go to the Union Cabinet for seeking approval of the same as a 'Money Bill'. It is expected to be tabled in the Lok Sabha on March 27 and pass the same by April 12 even if the Rajya Sabha keeps it for 15 days.

The Council also approved today the bound rate of 15% as peak rate for the proposed Cess to be levied on certain demerit goods. Explaining the same the GST Council Chairman, Mr Arun Jaitely, said that the actual rate would be a little less than the bound rate of Cess to be collected to fund the compensation to the States. The bound rate for aerated drinks and luxury car has been kept at 15% while the same will be 135% for the pan masala. For tobacco it is going to be 290 per cent or Rs 4170 per 1000 sticks. Is Cess going to be levied on bidis also? It is not very clear so far.

The Council also gave its nod for formation of a Committee to look into the issues of Meta Permit to be given for the movement of goods laden trucks in the GST regime. Since many Government Departments are generally involved in giving permit to trucks carrying goods across multiple States, there are many contentitious issues involved in it.

The Council is now scheduled to meet again on March 31 to approve the Rules for these laws and then the bucketing of the four slab rates.

Interestingly, off the floor of the proceedings, some officials were concerned about the retirement of the CBEC Chairman, Mr Najib Shah, on March 31 when the Council would be discussing the critical rules of CGST and IGST. At this juncture, a good number of them hoped that the PMO would prefer continuity in the CBEC leadership.

Given the fact that the Committee of Secretaries which met recently but could not arrive at any decision, the office of the Revenue Secretary may favour an extension to Mr Shah. If the Finance Minister is going to exercise his discretion it would be three months but if the Revenue Secretary is willing he may seek approval from the PMO and it could be six months. This appears to be a realistic scenario rapidly developing in the CBEC.


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