FLASH NEWS
GSTN approves over 32 lakh New Registration by Nov 29, 2017
GSTN received 17.9 lakh returns on Nov 20
GST - Total returns filed on GSTN from Aug to Nov, 2017 exceed THREE Crore mark
GST NEWS
GST - Issue of misclassification and under valuation has to be gone into by respective assessing officers and not by detaining officer - goods to be released on execution of simple bond without sureties: High Court
Tax Payment - GST Council needs to guillotine Multiple Ledger System
GST - Total refund due to exporters is only Rs 6500 Cr; Exporters advised to file Table 6A
ORDER
CBEC posts 7 IRS officers to GST Secretariat
CASE LAWS
2017-TIOL-33-HC-KERALA-GST + Story
Sameer Mat Industries Vs State of Kerala
GST - Alleged Misclassification and undervaluation of goods – Petitioner, a dealer, purchased the goods from the manufacturer at Delhi and had consigned the goods from Tamil Nadu and was transporting it to respondent at Pattambi, Kerala – goods detained by Assistant State Tax Officer, State GST Department, Thiruvananthapuram and by a detention notice petitioner directed to pay CGST and SGST each @14% totaling 28% as applicable to HSN code 3926 as against HSN code 4601 declared in invoice which attracts tax @18% and also make a security deposit equal of equal amount – Petitioner approaching High Court seeking release of goods.
Held: There is no doubt that the authorities appointed by the State have been empowered to implement the provisions of the enactments which regulates the inter-State as also the intra-State trade - However the specific power invoked in issuing the impugned notice is under the CGST/SGST which is applicable only to the intra-state movement of goods - The issue of misclassification and undervaluation has to be gone into by the respective assessing officers and not by the detaining officer - petitioners shall be permitted release of the goods on the execution of simple bond without sureties – detaining officer to inform assessing officers of petitioner at Tamil Nadu as well as at Pattambi – Notice to be deemed to be one under IGST Act – Petition allowed: High Court [para 4, 5]
2017-TIOL-32-HC-ALL-GST
Iqra Roadways India Vs State Of UP
GST - the petitioners Nos. 1 & 4 are engaged in the transportation of goods, while the petitioners Nos. 2 & 3 are registered purchasers under the GST Act & Rules, 2017 - The petitioner Nos. 2 & 3purchased goods from different sellers located in Delhi - While in transit, the goods were seized u/s 129(1) of the UPGST Act, 2017, as was the vehicle carrying the goods - The petitioner Nos. 2 & 3 claimed to have supporting invoices & E-way bills, in consideration of which, such seizure of the goods was bad in law - They further claimed that the goods were being transported inter-State, and so were covered under the IGST Act - The Respondent-authority claimed that the E-way bills bore expired dates - Also all goods were not backed by E-way bills - Further, the quality of some goods was questioned - SCN was issued calculating value for those goods not backed with E-way bills at different rates per individual item - Held - Since the matter involved factual issues & penalty proceedings had been initiated, the goods be released in interests of justice, subject to payment of tax amount indicated in the SCN - Considering the execessive quantum of penalty, the petitioners directed to approach the First Appellate Authority (FAA) for adjudication - The FAA to expeditiously decide the matter & not insist for payment of penalty: High Court
ARTICLES
Tax Payment - GST Council needs to guillotine Multiple Ledger System
CBEC Circular on IGST on sale of in-bond goods - More questions than answers
CBEC Circular 46/2017-Cus - certainly not innocuous!
Works Contract Services under GST-deciphering chaos
Circumventing law to avail ITC
GST on supply of goods while same are in Customs Bonded Warehouse
SGST NOTIFICATIONS
DELHI (RATES) NOTIFICATION
36/2017
35/2017
32/2017
DELHI (RULES) NOTIFICATION
49/2017
48/2017
47/2017
TAMILNADU SGST (RATES) NOTIFICATION
162-G/2017
Goods and Services Tax - TN GST Act, 2017 - Rate of State Tax on services - Amendments - Notification - Issued
163-G/2017
Goods and Services Tax - TN GST Act, 2017 - Services exempt from State Tax - Amendments - Notification - Issued
157-G/2017
GST - Tamil Nadu Goods and Services Tax Act, 2017 - Rates of the State tax on goods - Amendments - Notification - Issued. G.O. (Rt.) No.157
TAMILNADU SGST (RULES) NOTIFICATION
371n/2017
369n/2017
366n/2017
167-G/2017
166-G/2017
165-G/2017
161a-G/2017
161-G/2017
160-G/2017
159-G/2017
Goods and Service Tax - TN GST Act, 2017 - Reverse charge on certain specified supply of goods - Amendments - Notification
158-G/2017
Goods and Services Tax - TN GST Act, 2017 - Goods Exempt from State Tax - Amendments - Notification
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