Posts Tagged ‘SCN’

Notification 56 of 2023 CT not invalid for extension of limitation as limit...

Posted On December 2nd, 2024

Note – The limitation stands extended to the extent of the periods exempted by the Hon’ble Supreme Court in Re: Cognizance for extension of limitation (Miscellaneous Application No. 408 of […]

Outsourced services provided to client abroad is not intermediary service

Posted On November 22nd, 2024

Note – Respondent into ITSS and also into Marketing and Service Support service. Activities involved – (a) identification of customers, (b) providing information and educating potential customers, (c) procuring information […]

Once proceedings taken up under Sec. 73 by SGST parallel proceedings under ...

Posted On October 24th, 2024

Note – Once proceedings have been initiated under KGST Act which culminated in the adjudication order, parallel/dual proceedings under CGST Act sought to be initiated by issuing Show Cause Notice […]

Not providing verification report and not mentioning the same in SCN violat...

Posted On October 7th, 2024

Note – Once it is admitted that the Verification Report which was not even mentioned in SCN, formed the basis of passing the order, petitioner ought to have have been […]

Notification 56 of 2023 CT further extending limitation for FY 2019-20 and ...

Posted On September 25th, 2024

Note – There is no denial to the fact that the Notification No.56/2023-CT was issued without the recommendation of the GST Council. The use of the phrase “on the recommendation […]

The State or Central Tax officer who has initiated proceedings first shall ...

Posted On September 23rd, 2024

Note – Credit blocked by Central Tax Authority (DGGI) post issuance of summons when the issue of ITC availment was already before State Tax Authority pursuant to summons issued by […]

Single SCN for multiple years not valid and separate SCNs to be issued

Posted On September 20th, 2024

Note – The practice of issuing a single, consolidated show cause notice for multiple assessment years contravenes the provisions of the CGST Act and established legal precedents. The show cause […]

Refund on export of goods cannot be rejected on grounds of non furnishing o...

Posted On September 2nd, 2024

Note – The petitioner’s application for refund could not be rejected for the reason that BRCs evidencing receipt of sale proceeds, were not produced within the period of nine months […]

Credit cannot be denied on tax paid under protest unless law specifically r...

Posted On August 21st, 2024

Note – The question was whether or not the appellant was eligible to avail credit when the duty was paid during provisional assessment under protest. Held: The assessee is eligible […]

Granting of call option cannot be seen as a service to attract tax thereon

Posted On August 1st, 2024

Note – The granting “call option” is not an activity of rendering service. The SCRA defines securities to include both “rights in securities” and “derivatives”. The grant of call option […]

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