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Whether the wrong mention of number of Vehicle No. would be considered as a human error as there is no intention to evade tax on records?
There was a Stock Transfer of goods from Gautam Buddha Nagar to Agra. While preparing e-way bill the number of vehicle was mistakenly
entered as UP-13T/6755 instead of HR-73/6755.
Assessee pleaded non guilty and human error. He sought relief of human error as per the circular No. 41/15/2018-GST dated 13.04.2018 and 49/23/2018-GST dated 21.06.2018.
Allahabad High Court held that without providing
Assessee attempted Suicide as he suffered huge loss in business due to Corona Covid on 27-Dec-2020.
Was admitted to Hospital and was in life-death situation.
Department issued Show Cause Notice for non-filing of his GST Returns for continuous 6 months within 7 days and
appear before the Authority on 4-Jan-2021.
Surprisingly when GST Registration Cancellation Order was passed it was mentioned in the Order that Petitioner's reply filed on 15-Jan-2021 is considered whereas neither he was in the condition to file reply nor he filed any reply.
Many notices in GST have been issued on the basis of this Service Tax Judgement of Supreme Court. Pls read:
Indian company employing services on employees seconded from overseas group companies can be said to be service recepient of manpower supply- Liable for service tax.
The assessee was, for the relevant period, service recipient of the overseas group company concerned, which can be said to have provided manpower supply service, or a taxable service, for the two different periods in question (in relation to which show cause notices were issued).
Burden of Proof in Valuation of excisable goods and Classification of products
Classification submitted by appellants under the prevalent self assessment procedure not accepted by Customs authorities
Since the customs authorities wanted to classify the goods differently,
Should the Proceedings need to be concluded within reasonable period or because notice is served within time limit Department can pass Order without any time frame?
The point of "Reasonable Period" was before Bombay High Court and High Court was not impressed with the Department
Facts and Timelines:
Petitioner was holding separate Service tax registrations.
12-Oct-2009: Show Cause cum Demand Notice was issued by the Commissioner of Service Tax, Delhi pursuant to an audit conducted for the period 2004-05 to 2007-08.
30-Dec-2009: Reply was filed.
IPL cricket players wearing apparel which bears the brand/marks of various sponsors cannot be considered as promoting any particular brand or product or service as an independent individual. - CESTAT
Such Services cannot be classified as business support services.
The Appellants has been held to be liable to service tax under the service category of “Business Support Service” for wearing the team clothing which bears the brands/ marks of various sponsors and they are also required to participate in promotional /public events
Can GST Registration be cancelled by a Non-Speaking Cryptic Order? Patna High Court comes as a Saviour!!
Facts and Timelines:
21-Aug-2019: Show Cause Notice was issued as Assessee has not filed his Returns for more than 6 months.
31-Aug-2019: Assessee filed reply.
Friends sharing an important case law for correction of errors in genuine cases. Please save this.
Can genuine error while claiming Credits #ITC be allowed to be rectified in July'2017 return today, particularly after Supreme Court rejected amendment in Bharti Airtel Ltd case?
Can the rectification be allowed in case of genuine error to rectify mismatch of GSTR-2A GSTR-3B ?
Inadvertent error of claiming Input Tax Credit relating to imports under IGST in Column No. 4A(5) instead of claiming it under Column No. 4A(1) of Form GSTR-3B .
Can Adverse Order be passed without providing opportunity of being heard in the case when Personal Hearing was not requested?
Law is crystal clear that any adverse order cannot be passed without providing opportunity of being heard when it's requested but when it's not requested
Facts and Timelines:
14-Feb-2022: A show cause notice was issued in Form GST DRC-01 by the Proper Officer. This Show Cause Notice was only uploaded on the Portal and no hard copy of the same was served to the Petitioner.
The excise clerk of the factory was on leave for 30 days
Refund application cannot be rejected without providing opportunity of hearing - Rajasthan High Court
The prescribed procedure is that the Adjudicating Autority shall issue notice in Form GST RFD-08 requiring the applicant to furnish a reply in Form GST RFD-09 and
after considering the reply, order can be made in Form GST RFD-06.
No application for refund shall be rejected without giving the applicant an opportunity of being heard.