Prof K J Joseph, Director, GIFT, launching KTR Online Edition in the presence of KTR Team

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VKC FOOTSTEPS INDIA PVT. LTD. Vs. UNION OF INDIA & ORS

GOODS AND SERVICES TAX – SECTION 54 (3) OF THE CGST ACT,2017 - PROVIDED FOR CLAIMING  REFUND OF “ANY UNUTILISED INPUT TAX” – PER CONTRA, RULE 89(5) OF THE CGST RULES, RESTRICTS THE CLAIM OF  REFUND ONLY TO “INPUT” - EXCLUDING  “INPUT SERVICES” FROM THE PURVIEW OF “INPUT TAX CREDIT” - RESTRICTING THE STATUTORY PROVISION CANNOT BE THE INTENT OF LAW – SECTION 54(3) OF THE CGST ACT,2017; RULE 89(5) OF THE CGST RULES,2017; CIRCULAR NO.79/53/2018/GST DATED: 31.12.2018. GOODS AND SERVICES TAX – VIRES OF CGST RU...

SEEMAS WEDDING COLLECTIONS Vs. INTELLIGENCE OFFICER & ANR

KVAT ACT – PENALTY UNDER SECTION 67 (1) – LIMITATION – NOT PERMISSIBLE AFTER THE LIMITATION PERIOD PRESCRIBED FOR ASSESSMENT – IN CASES WHERE SELF ASSESSMENTS ACCEPTED – PENALTY IS INTEGRALLY CONNECTED WITH ASSESSMENT - SECTIONS 25(1), 42 & 67(1) OF THE KERALA VALUE ADDED TAX ACT, 2003. The petitioner, who was a registered dealer under the Kerala Value Added Tax Act had filed returns for the assessment years 2009-2010 to 2011 - 2012 under the said Act, and had duly paid tax in accordance with the said returns. The said returns were accepted and, there were ...

SUN DYE CHEM Vs. ASSISTANT COMMISSIONER (ST) & ANR

GOODS AND SERVICES TAX – ERROR WHILE FILING RETURNS – 2017-18 AY – INTRA-STATE SALES ERRONEOUSLY REPORTED AS INTER-STATE SALES - CGST AND SGST CREDIT WAS REFLECTED IN THE IGST COLUMN - REQUEST FOR AMENDMENT OF FORM GSTR-1 – REJECTED - AN INADVERTENT HUMAN ERROR ONLY – NO EFFECTIVE, ENABLING MECHANISM UNDER STATUTE WAS AVAILABLE THEN - PERMITTED TO RECTIFY THE ERROR  - SECTIONS 37, 38 & 39 OF THE  TAMIL NADU GOODS AND SERVICES TAX ACT, 2017 - RULE 59(2)  & (3) OF THE  TAMIL NADU GOODS AND SERVICES TAX RULES, 2017. The petitioner is a ...

HAVELLS INDIA LTD Vs. STATE OF KERALA

KVAT ACT – INTER STATE STOCK TRANSFER (IN) – THE STOCK INWARD REGISTER SHOWED LESSER VALUE - THAN THAT DISCLOSED IN THE F FORMS – SUPPRESSION OF TURNOVER – ADDITION MADE FOR DIFFERENCE - SELF-SERVING CERTIFICATE OF THE CHARTERED ACCOUNTANT – NOT SUFFICIENT – ADDITION SUSTIANED BY TRIBUNAL – CONFIRMED – KERALA VALUE ADDED TAX ACT, 2003. The revision petitioner obtains stock transfer from its various other units situated outside the State. The petitioner issued F Forms for a value far in excess of that shown in the stock inward register. The add...

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