GST REGULATORY UPDATES SEPT 2022
INSTRUCTION NO. 02/2022-23, DATED 17-08-2022
CBIC issues guidelines for arrest and bail in relation to offences punishable under GST
Editorial Note : The CBIC has issued detailed guidelines for arrest and bail in relation to offences punishable under GST. The instructions have been issued with respect to the procedure for arrest, post arrest formalities and submission of reports.
New Functionalities made available for Taxpayers on GST Portal: GSTN Update
Editorial Note : The GSTN has issued an update to inform about the new functionalities made available for taxpayers on GST Portal under registration, return, refund, advance ruling and payment nodules.
CIRCULAR NO. 14/2022-CUSTOMS, DATED 18-08-2022
CBIC issued clarification on BCD rate on import of display assembly of mobile phones
Editorial Note : The CBIC has issued circular to clarify that 10% BCD shall be levied on import of display assembly of mobile phones along with back support frame. However 15% BCD shall be levied if the sim tray, battery compartment, fingerprint or any other item is imported with display assembly.
NOTIFICATION NO. 70/2022 – CUSTOMS (N.T.), DATED 18-08-2022
CBIC notified exchange rates effective from August 19th, 2022
Editorial Note : The Central Board of Indirect Taxes and Customs has notified the rate of exchange of conversion of the foreign currencies into Indian currency or vice versa, with effect from 19th August 2022, for import and export of goods.
RECENT JUDICIAL RULINGS ON GST
CLASSIFICATION OF SERVICES
Telecommunication service : Exemption is not available on supply of telecommunication services to municipal corporation as it is not directly related to functions entrusted under Article 243W of Constitution of India – Vodafone Idea Ltd., In re – [2022] 141 taxmann.com 467 (AAR- TELANGANA)
SECTION 24 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – REGISTRATION – COMPULSORY, REGISTRATION IN CERTAIN CASES
High Court had rejected writ petition filed against demand of GST on royalty as neither there was lack of jurisdiction nor violation of principles of natural justice; holding Supreme Court order in case of Lakhwinder Singh, present petition was dismissed – Mitambini Mishra v. Union of India – [2022] 141 taxmann.com 469 (Orissa)
Order of High Court would have force of binding precedent only in State or territories over which Court had jurisdiction and in other States it might have persuasive value only – Mitambini Mishra v. Union of India – [2022] 141 taxmann.com 469 (Orissa)
SECTION 65(105) OF THE FINANCE ACT, 1994 – TAXABLE SERVICE
Carrying goods from Barges to Ship and vice versa was taxable under ‘Transportation of Coastal goods and Goods Transported through National Waterways and Inland water service’ with effect from 1-9-2009 only – Commissioner of Service Tax v. Adani Enterprises Ltd. – [2022] 141 taxmann.com 462 (SC)
SECTION 98 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – ADVANCE RULING – PROCEDURE ON RECEIPT OF APPLICATION
Summons issued by DGGSTI for inquiry is covered under judicial proceeding; Rejection of application for advance ruling on ground of initiation of proceedings on same issue, is correct – Saisanket Enterprises., In re – [2022] 141 taxmann.com 466 (AAAR-Madhya Pradesh)
SECTION 129 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 – DETENTION, SEIZURE AND RELEASE OF GOODS AND CONVEYANCES IN TRANSIT
Orders passed on detention of goods and vehicle and imposing penalty for transporting goods after expiry of e-way bill without considering GPS tracking report and without considering explanation of taxpayer was not valid – Rivigo Services (P.) Ltd. v. State of Jharkhand – [2022] 141 taxmann.com 465 (Jharkhand)
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