GSTN issues advisory on time limit for reporting invoices on IRP Portal.
GSTN Update, dated 13-9-2023.
Where management of hotel was imposing GST on customers beyond prescription of Act, Tax department would not be liable for the same; Consumer Forum should not entertain any petition against Statutory Authority.
Joint Commissioner of State Tax, Commercial Taxes Department v. State Consumer Disputes Redressal Commission – [2023] 154 taxmann.com 238 (Madras).
Sec. 2(17) of CGST Act – SC grants ad interim stay on HC ruling that Online/offline/physical/electronic/digital Rummy and other games, played with or without stakes on assessee’s Mobile App being substantially and preponderantly games of skill and not of chance, are not covered within expression ‘betting & gambling’ appearing in Entry 6 of Schedule II to CGST Act, 2017; and hence, same are not taxable.
Directorate General of Goods and Services Tax Intelligence (Hqs.) v. Gameskraft Technologies (P.) Ltd. – [2023] 154 taxmann.com 158 (SC).
CBIC issues instructions to streamline the process of customs post – clearance audit work.
Instruction No. 27/2023 – Customs, dated 6-9-2023.
Sec. 17 – ITC – Assignment of leasehold rights in an industrial plot by a lessee to another, for the balance period of lease with Gujarat Industrial Development Corporation (GIDC), without any formal execution of new lease deed with GIDC, will fall within the broad scope of the term ‘supply’ and the applicant is not entitled to take ITC of CGST & SGST paid by them on services received in the form of transfer of rights in leasehold land u/s 17(5)(d) of CGST Act / State Act.
Bayer Vapi (P.) Ltd., In re – [2023] 154 taxmann.com 121 (AAR – GUJARAT).
CBIC notifies value of supply in case of online gaming including online money gaming.
Notification No. 45/2023 – Central Tax, dated 6-9-2023.
Sec. 69A – Unexplained Moneys – Share dealings – SLP dismissed against order of the HC that where AO disallowed exemption claimed u/s 10(38) and made additions, alleging involvement in penny stock which were being used for providing bogus accommodation of long term capital gains, however, there was lack of adverse comments from stock exchange and officials of company involved in these transactions and no material relating to assessee was found in investigation wing report, additions made by AO had rightly been deleted.
PCIT v. Renu Aggarwal – [2023] 153 taxmann.com 579 (SC).
CBDT gears up for Special Campaign 3.0 to dispose off pending matters.
Press Release dated 11-9-2023.
High Court reduces withholding tax rate from 16% to 8% on payments made to Amazon – US for purchase of web-services.
Amazon Web Services India (P.) Ltd. v. ITO – [2023] 154 taxmann.com 230 (Delhi).
Sec. 279 – Compounding of Offences – There is no limitation provided under sub-section (2) of section 279 for submission or consideration of compounding application and, hence, compounding application could not be rejected on ground of delay in filing application.
Sofitel Realty LLP v. ITO (TDS) – [2023] 153 taxmann.com 496 (Bombay).