Clarifications on taxability of no claim bonus and applicability of e-invoicing under GST.
Circular No. 186/18/2-22 – GST dated 27-12-2022.
CBIC issues clarification on ITC availability for transportation of goods to a place outside India.
Circular No. 184/16/2022 – GST dated 27-12-2022.
Clarification to deal with difference in ITC availed in GSTR-3B and GSTR-2A for FY: 2017-18 and FY: 2018-19.
Circular No. 183/15/2022 – GST dated 27-12-2022.
CBIC notifies Central Goods and Services Tax (Fifth Amendment) Rules, 2022.
Notification No. 62/2022 – Central Tax dated 26-12-2022.
Sec. 201 – ITAT Order not accepted by department and pending appeal should be followed by Dept. for succeeding assesssment years unless operation of order is stayed/suspended.
Income Tax Officer (International Taxation) IT Ward 2(3)(2) v. GIA Laboratory (P.) Ltd. – [2022] 145 taxmann.com 650 (SC).
Sec. 40(a)(iib) – Surcharge as sales tax or turnover tax paid by assessee company to State Government was not a ‘fee or charge’ coming within scope of section 40(a)(iib); review petition dismissed.
Assistant Commissioner of Income-tax v. Kerala State Beverages Manufacturing and Marketing Corporation Ltd. – [2022] 145 taxmann.com 513 (SC).
Central Govt. notifies Special Court in Odisha for the purpose of Income Tax & Black Money Act.
Notification No. S.O. 6066 (E), dated 26-12-2022.
Sec. 260A – Limitations – Where there was delay of 86 days in preferring appeal before High Court by revenue, High Court ought to have condoned delay and ought not to have been too technical in dismissing appeals on ground of delay.
Principal Commissioner of Income-tax v. Suncity Projects (P.) Ltd. – [2022] 145 taxmann.com 458 (SC).
GST – Sec. 174 – State Legislature has power to repeal as well as power to enact saving clause as in section 174 of Kerala Goods and Services Tax Act, 2017 by virtue of section 19 of Constitution (101st Amendment) Act, 2016.
Show Cause notice/proceedings initiated after 16-09-2017 under Kerala Value Added Tax Act, 2003 for period prior to 16-09-2017 are alid being covered by saving clause of section 174(2) of KGST Act, 2017.
Sheen Golden Jewels (India)(P.) Ltd. v. State Tax Officer (1B) – 1 – [2022] 145 taxmann.com 445 (Kerala).
GST – Sec. 9 – Notice Pay received by employer is not a consideration for tolerating act of premature quitting of employment by employee but as penalties and therefore employer was not liable to pay GST on notice pay.
Mannappuram Finance Ltd. v. Assistant Commissioner of Central tax and Excise – [2022] 145 taxmann.com 422 (Kerala).