GST – Refunds – Interest was payable on delayed refund in terms of Section 56 of CGST Act as delay in processing refund was more than 60 days; Supreme Court on relaxation of time limit due to Covid was not applicable.
Ankush Auto Deals v. Commissioner of DGST – [2022] 141 taxmann.com 458 (Delhi).
CBIC notifies Customs (Compounding of offences) Amendment Rules, 2022.
Notification No. 69/2022 – CUSTOMS (N.T.), dated 22-08-2022.
GST – Petition has been filed at the behest of a person who is, concededly, not managing the affairs of the petitioner concern. – Perjury Proceedings initiated.
Apex Traders Vs. CCT, GST Delhi, 2022-TIOL-1123-HC-DEL-GST.
CBIC issues clarification on BCD rate on import of display assembly of mobile phones.
Circular No. 14/2022 – CUSTOMS, dated 18-08-2022.
VAT – Limitation – a differentiation must be made between statutes which do & do not mention consequences for non adherence with limitation: SC.
CST Odisha Vs. Essel Mining and Industries Ltd, 2022-TIOL-68-SC-VAT.
CBIC issues guidelines for issuance of summons under GST.
Instruction No. 03/ 2022-23 dated 17-08-2022.
CBIC issues guidelines for arrest and bail in relation to offences punishable under GST.
Instruction No. 02/2022-23 dated 17-08-2022.
Supreme Court approves High Courts holding on scope of judicial review of contracts that court cannot examine details of terms of contract unless the actions of State (Indian Railways in this case) are found to be arbitrary, illegal, mala fide or contrary to any statute.
UOI v. Bharat Forge Ltd. – [2022] 141 taxmann.com 296 (SC).
Sum payable to party allowable as bad debt only if it was lent in ordinary course of money lending business.
PCIT v. Khyati Realtors (P.) Ltd. – [2022] 141 taxmann.com 461 (SC).
Benami Act – Section 3 r/w/s 2(a) and Section 5 of Benami Transactions (Prohibition) Act, 1988, being disproportionately harsh, were unconstitutional from their inception. No confiscation of prosecution in respect of Benami Property Transactions entered into prior to 25-10-2016: SC LB.
UOI Vs. Ganpati Dealers Pvt. Ltd., 2022-TIOL-81-SC-BENAMI-LB.