Indirect Taxes

Sec. 98 of CGST Act – AAR – Where application for advance ruling was rejected on ground that assessee, having benefit of contract for construction of pumping stations and reservoirs etc., had filed application after expiry of the contractual period, opportunity of hearing contemplated in the statute was rendered a mere formality and application was to be restored for reconsideration.

KBL SPML JV v. Authority of Advance Ruling – [2023] 151 taxmann.com 272 (Karnataka).

As per Notification No. 10/2023 – Central Tax dated 10-5-2023, the threshold for e-Invoicing for B2B transactions has been lowered from Rs. 10 Cr. to Rs. 5 Cr. with effect from 1-8-2023. Now, GSTN has enabled all eligible tax payers with an aggregate annual turnover of Rs. 5 Cr. and above as per GSTN records in any preceding financial year for e-Invoicing. These tax payers are now enabled on all six IRP portals including NIC-IRP for e-Invoice reporting.

ITC cannot be denied merely because registration of supplier was cancelled with retrospective effect.

Gargo Traders v. Jt. Comm., Commercial Taxes (State tax) – [2023] 151 taxmann.com 270 (Calcutta).  

CBIC issues new guidelines for processing of applications for GST registration.

Instruction No. 03/2023 – GST, dated 14-6-2023.

GSTN introduces E-Invoice Verifier App.

GSTN Advisory

Refund allowed once cannot be withheld based on appeal filed by Commissioner, Refund to be processed along with interest.

G.S.Industries v. Commissioner CGST – [2023] 151 taxmann.com 162 (Delhi).