Here are GST & Indirect Tax Weekly Flashback:
Bombay High Court
Case Name: Phoenix Industries Limited V/S The Union of India
Citation: Writ Petition No.15057 Of 2023
The Bombay High Court ruled that non-submission of “bill of export” can’t be treated as non-discharge of proof of EO. The bench noted that the Special Leave Petition that was preferred by Union of India against the order and judgment of the Court was dismissed pursuant to Union of India vs. Larsen & Toubro Limited.
Madras High Court
Case Name: S. Doctor Viswanathan v/s The State of Tamil Nadu
Citation: W.P.No.33639 of 2023 and W.M.P.No.33480 of 2023
The Madras High Court has quashed the suspension of a commercial tax officer allegedly involved in processing Goods and Service Tax (GST) refund to a fake firm.
Case Name: The Commissioner, Commercial Tax V/S M/S Emami Ltd.
Citation: Sales/Trade Tax Revision No. – 274 Of 2018
The Allahabad High court has dismissed the revision petition filed by Commissioner, Commercial Tax and held that the product Boro Plus Ayurvedic Cream is Not An ‘antiseptic Cream’, 5% Tax Payable Under UPVAT.
Jharkhand High Court
The Jharkhand High Court has granted anticipatory bail to the truck driver who was allegedly involved in loading tonnes of illegal coal.
The High Court has enlarged the petitioner on anticipatory bail. The court stated that in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Bashistanagar P.S. Case No. 55/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
Orissa High Court
Case Name: M/s. Laxmi Construction v/s State Tax Officer, CT & GST Circle, Barbil
Citation: W.P.(C) NO. 9545 OF 2024
The Orissa High Court has refused to condone the delay of 2.5 years and held that even though the petitioner has not been communicated with the order physically, since the same was made available on the common GST portal, it is deemed to have been served on him.
Circulars & Notifications
All You Need To Know About The Finance (No. 2) Act, 2024
THE FINANCE (No. 2) ACT, 2024 No. 15 of 2024 got president Asset on 16th August, 2024. This Act to give effect to the financial proposals of the Central Government for the financial year 2024-25. Here is the mapping of the major amended sections in the Finance Act to the corresponding sections in the Central Goods and Services Tax (CGST) Act.
Tariff Value Of Edible Oils, Brass Scrap, Areca Nut, Gold And Silver
The Central Board of Indirect Taxes and Customs (CBIC) has notified the fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver which will be effective from 15 August 2024.
Union Finance Minister, Nirmala Sitharaman Inaugurates Gst Bhawan At Udaipur, Rajasthan
The Union Minister for Finance and Corporate Affairs, Nirmala Sitharaman inaugurated the GST Bhawan, an Official complex of CGST, Udaipur Commissionerate under Central Board of Indirect Taxes and Customs (CBIC), at Udaipur, Rajasthan.
