Cancelling GST Registration Without Fair Hearing and Justification is unsustainable

In a recent landmark judgment, the Delhi High Court, in the case of M/s. Att SYS India Pvt. Ltd. Estex Tele Pvt. Ltd. Consortium v. Commissioner of Goods and Service Tax [W.P. (C) 14494/2023 dated November 20, 2023], has granted relief to the petitioners, directing the Revenue Department to reinstate their GST registration. The court …

Interest Waived Due to GST Portal Technical Issues: Kerala High Court’s Landmark Decision in M/s. Hilton Garden Inn Case

In a significant legal development, the Hon’ble Kerala High Court, in the matter of M/s. Hilton Garden Inn v. Commissioner of Kerala Goods and Service Tax Department and Others [WP (C) No.25069 of 2023 dated November 23, 2023], delivered a noteworthy judgment on November 23, 2023. The court allowed the writ petition, taking the stance …

GST Liability on Residential Property Rented for Commercial Use: AAR Rajasthan’s Ruling

In a significant ruling, the Authority for Advance Ruling (AAR), Rajasthan, addressed the complex issue of Goods and Services Tax (GST) liability concerning the leasing of residential property for commercial purposes. This ruling, documented in Advance Ruling No. RAJ/AAR/2023-24/14 on November 29, 2023, specifically involved M/s. Deepak Jain and Back Office IT Solution Pvt. Ltd. …

30 Days is a Reasonable Time Period for Filing Reply To Show Clause Notice of GST

The Hon’ble Madhya Pradesh High Court, in a landmark decision dated November 20, 2023, addressed the matter presented in WP No. 26693 of 2022, where M/s. Raymond Ltd. (referred to as “the Petitioner”) sought relief against the Show Cause Notice (“the Impugned SCN”) dated September 03, 2022, issued by the Revenue Department (“the Respondent”). The …

Compliance In Transportation Of Goods In SKD Or CKD Conditions

In the world of transporting goods, there’s a rule known as Rule 55(5) of GST that talks about sending things in different ways, like puzzles with pieces or building blocks. This rule specifically mentions sending goods in Semi Knocked Down (SKD) or Completely Knocked Down (CKD) conditions, along with batches or lots. Let’s break down …

Understanding the Significance and Compliance of Delivery Challan under GST

Introduction: In the dynamic landscape of Goods and Services Tax (GST) in India, the issuance of a delivery challan holds paramount importance as per Rule 55 of the CGST Rules, 2017. This document not only facilitates the movement of goods for various reasons but also ensures compliance with the mandatory provisions outlined in the rule. …

Compulsory GST Registration Requirement Under Section 24 of CGST Act, 2017

In India, Goods and Services Tax (GST) registration is a mandatory requirement for businesses with an annual turnover exceeding specified thresholds. It replaces a complex array of indirect taxes and unifies the taxation system. To register for GST, businesses must provide essential details to the GST portal and obtain a unique GSTIN. This process facilitates …

Guide to GST Composition Scheme: Making Tax Simpler for Small Businesses

In the vast world of taxes, the term “composition” might sound complex, but its essence is quite straightforward. In the realm of Goods and Services Tax (GST), the composition scheme is a simplified approach for businesses, offering more than just a reduction in payable amounts. Understanding Composition Scheme under GST Under the GST legislation, those …

Instructions on Electronically summary of notice in GST DRC-01 and uploading of summary of order in GST DRC-07

In a recent development, the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, GST Policy Wing, issued Instruction No. 04/2023-GST on the 23rd of November 2023. This directive, marked with F.No.20016/41/2023-CBIC, carries significant implications for businesses and taxpayers under the purview of the Goods and Services Tax …

Provisions of TDS under GST

In the realm of GST compliance, Tax Deduction at Source (TDS) is a crucial concept. Essentially, it mandates that a registered entity, when making payments exceeding the threshold for taxable goods or services, must deduct GST at the source. This procedural requirement, as specified in Section 51 of the CGST Act, involves the deductor withholding …

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