News Update

GST - Applicant is not holding license from Insurance Regulator to provide insurance service, hence service will get covered by residuary entry and attract tax @18%: AARCSR - Over 17K 'NGOs' registered with MCA21 registry till Oct-endGST - Applicant, a CHS, cannot be said to provide WCS services to its members - Debarred from taking ITC on GST charged by contractor who carries out major repairs, renovations and rehabilitation work for society: AARNITI Aayog lurches toward Online Dispute Resolution for Speedy JusticeIndia to take a call on booster dose only after quantifying immune response to current vaccinesST - Section 11B cannot be applied when the tax has been paid under mistake and when not required to be paid: CESTATChina pledges to donate one billion vaccine doses to AfricaPMJDY accounts surge to 43.85 Cr with deposit balance of Rs 1.48 lakh CroreOmicron Scare: WHO calls for putting early warning systems in place + mitigation plans; rates ‘Very High’ overall riskCX - The Pre Delivery Inspection (PDI) and After Sales Service (ASS) charges cannot be included in assessable value of motor vehicles: CESTATOmicron infection - Oxygen level does not sink but body fatigue painful, say DoctorsRRBs surpass lending target to Small & Marginal Farmers: MoSCOVID-19: South Africa reports 2300 fresh cases but only 25 deaths + 159 cases with 2 deaths in Botswana + 235 cases with one death in ZimbabweCX - Once credit is taken during period when the same is allowed to be taken, department cannot deny said credit: CESTATRBI takes over Reliance Capital amid growing defaultsI-T - Notice issued to entity which is non existent on account of merger with another entity, is invalid: HCRussia fines Google over USD 40,000 for not erasing banned contentI-T - Revised returns submitted by an assessee cannot be declined solely on grounds that the same had not been filed electronically : HCCanada reports more Omicron cases; Spain finds its firstI-T - Failure of AO to issue notice within the period of limitation u/s 143 (2), which is notice giving jurisdiction to the AO to frame assessment, cannot be condoned u/s 292BB: HC137 Army personnel succumbed to COVID-19, Govt tells Rajya SabhaI-T - Writ remedy cannot be invoked in respect of assessment order which contains a technical error pertaining to computation of tax payable : HCPentagon to undergird military bases in Middle East & strong posturing against China & RussiaI-T - Since for bogus purchases AO has already made disallowance @ 20% which is more than that held by the Jurisdictional High Court, PCIT is not correct in exercising Revisionary Jurisdiction u/s 263 :ITATEU mulls Euro 300 bn infra spending worldwide to countermeasure ChinaI-T - Where AO has taken a view which is possible and plausible, action of AO cannot be regarded as erroneous per se : ITATTwitter CEO tweets his resignation; CTO Parag Agrawal to take over as CEOI-T - For bogus purchases addition should be made only to extent of profit element and in present case such addition can be restricted to 6% : ITAT

MESSAGE BOARD

   

The Elusive GST Appellate Tribunal and the Uniformed Officer


GST Tribunal and Uniform

Sir

To avoid the embarassment of telling HCs about non-availability of Tribunal, there is an easy way out for the department. Additional / Joint Commissioner (Appeals) can reject all appeals filed by registered persons, in particular, appeals against refund rejection orders. If the Registered person approaches HC, alternate remedy (Tribunal) and ROD order extending time limit for filing appeal will rescue department. If and when Tribunal is formed and allows the appeal of Registered person, the Registered person has to file a fresh claim and within sixty days refund can be sanctioned without interest or appeal can be filed in HC against Tribunal order.

As regards uniform, senior officers of CBIC get posted alternately between Customs & (now) GST. Customs Officers wear uniform. When seniors are posted in GST formation, if a Superintendent / Inspector do not sit in the front seat, the senior officer would find it difficult to travel. Probably, to maintain uniformity, uniform is continued for Central Tax offciers also (the Officers also get uniform allowance every year).

LSK

12/08/2021

 

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