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GST - Credit card holder offered loan - Service rendered by Citi Bank in extending loan is nothing but a service pertaining to the said credit card - Interest component of EMI of loan advanced by bank is not exempted: HCGST -Since the petitioner has prayed for a relief to compel the respondent bank to grant exemption, the writ petition is maintainable: HCCus - Order cancelling Special Warehouse Licence is an appealable order before the Tribunal - Respondent to work out the remedies in accordance with law: HCGST - Printing of content provided by recipient using paper & materials of applicant and supply of such printed leaflets to recipient is a composite supply - Supply of service of printing is principal supply; GST @18%: AARCX - SVLDRS, 2019 - In the SCN, it is not mentioned that the duty demand is jointly and severally payable - A co-noticee is one who is liable for the very same amount along with others: HCGST - Authority has proceeded to pass order for cancellation of registration on new material or facts which neither formed part of SCN nor the same were disclosed to writ applicant - Order set aside: HCGST - TRAN-1 - Rule 117 being directory in nature, the time limit for transitioning of credit would in no manner result in forfeiture of rights even when credit is not availed within the period prescribed: HCGST - Age is just a numberI-T - Amount received in excess of amount standing to credit of partnership firm which is paid towards notional gain on revaluation of land is liable to tax : HCGovt revises tariff value of edible oils & goldI-T - Prosecution of assessee upheld where wilful concealment of correct income by not filing ITR within time stipulated, is clearly established : HCDigital Assets transfer - CBDT notifies Form 26QF for crypto exchangeI-T - Re-assessment - Best of judgment order - Assessee not diligent in pursuing matter, failed to give adequate reply to notices; cannot later allege contravention of natural justice: HCCBDT notifies NFT resulting in transfer of ownership to be excluded for taxation purposeI-T - One opportunity can be granted to assessee as offence is compoundable: HCNiti Aayog & WFP table report on Take Home Ration schemeI-T - Case can be fixed for either limited scrutiny or complete scrutiny and in case it is for complete scrutiny, then no written approval is required by AO from PCIT: ITATConsumer Price Index for Industrial Workers for May 2022 rises by 1.02%I-T - Penalty imposed u/s 271(1)(c) sustained where assessee does not submit any evidence to show that it made voluntary disclosure during assessment proceedings, before detection of bogus loss claimed: ITAT8 Core Industries - Power, Cement, Coal & Fertilisers record high growth in May 2022I-T - Assessee did not write off provisions for doubtful debts due to fear of losing right to civil proceedings for recovery of debts; deduction allowed for provision of doubtful debts: ITATGovt releases calendar for Treasury Bills auctionI-T - Amount received in excess of amount standing to credit of partnership firm which is paid towards notional gain on revaluation of land is liable to tax : ITATGST Tribunal - Challenge is to remove microbes of bias in fleshing it out!Cus - Once in 100% EOU, raw material imported duty free is used in manufacture of final product and same is cleared on payment of duty in DTA, customs duty on raw material cannot be demanded: CESTATGST FileCX - Empty packaging material of cenvatable input is not liable for payment either as excise duty or as cenvat credit under Rule 6(3) of CCR, 2004: CESTATGovt releases Public Debt Management report for Jan-Mar 2022ST - Relevant date for computing six months periods under Notification No. 41/2007-ST to be taken the date when service tax paid and not first day of month following quarter in which export made, merely on the ground of limitation refund cannot be rejected: CESTATMigration of e-BRC Portal/Website to new IT platformST - Since the typographic error in challan number and corelation of compiled record of appellant is impressed upon by them, request of remanding the matter is hereby accepted: CESTAT
 
CESTAT Bar Association urges Govt to assign GST National Tribunal work to CESTAT

By TIOL News Service

NEW DELHI, JUNE 23, 2022: THE CESTAT Bar Association in Delhi has urged the Government to assign the work of GST National Tax Tribunal to the Principal Bench of CESTAT in Delhi. It can be done with minimal mending and amending of the provisions of the laws.

It its letter, the Bar has noted that the provisions relating to creation of Tribunal as well as its composition and creation of Benches etc. are part of the statute (Section 109 to 114 of the CGST Act, 2017 and mutatis mutandis State and U.T. legislations). Based on considerations of economy and fiscal prudence, relevant expertise, existence of prior administrative structure and optional utilization of existence judicial and technical man power, it is humbly suggested that the present CESTAT be restructured to make it functional as the National GST Tribunal. Broadly, for this the only requirement will be of additionally taking a technical member from the States.

As per the mandate approved by the Council, the national tax tribunal has to only deal with matters relating to place of supply and therefore, with the limited number of cases on the subject likely to come before it, CESTAT can be duly considered, with its present workload as a worthy candidate. Presently CESTAT is having one Bench each at following places i.e. Delhi, Ahmedabad, Allahabad, Bangalore, Chennai, Chandigarh, Hyderabad, Kolkata and Mumbai. Some or all of them can be designated to function as National Tax Tribunal for GST matters.

The Bar has emphasised that CESTAT already has existing jurisdiction for Customs matters and of legacy of Service Tax and Central Excise matters. The Tribunal already has as its President a former High Court Judge with sufficient standing, apart from Members (Judicial) as well as Members (Technical) who are presently being recruited in accordance with Tribunal Reforms Act, 2021 and which apply uniformly to a number of tribunals. A little bit of fine tuning of the GST Act with minimal amendments with the approval of GST Council can easily fulfill the need of GST Tribunal as effective dispute resolution forum at apex level, which in any case are required to be supplemented by state level appellate tribunals to resolve other than 'place of supply' litigation.

The following benefits will accrue to GST administration if proposal meets the approval of all concerned in the Council:

1. Utilization of existing infrastructure and expertise to easily man this tribunal with much lower extra cost (i.e. of one member in each bench only)

2. Utilization of existing capacities instead of creating new ones at heavy cost with lesser formal experience in Tribunalization.

3. Minimum tinkering or amendments of GST Law required to implement the proposal.

4. The existing Tribunal (CESTAT) already has expertise to deal exclusively with matters of classification and valuation which along with questions pertaining to place of supply can easily be entrusted to it through GST benches to be specifically created with addition of Member (State)

5. The questions pertaining to the place of supply alone may not justify the need of creation of separate National Tax Tribunal and CESTAT can easily be improvised to deal with the work of handling additional issues relating to classification which are all based upon Customs Tariff and for which the wherewithal exists with present Customs Tribunal i.e. CESTAT.

To accommodate the requirement of federal tax structure of GST, the aspirations of states can easily be met by just additionally recruiting Members (State) in the Benches to be formed within CESTAT. This will lead to a drastic cut in expenditure, especially when litigation on such issues initially is not going to be much, the letter explains.

 


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