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M/s. Banyan Projects India Pvt. Ltd. vs. Local GST Officer [Writ Petition No. 22374/2019 (T-Res)]

• The Petitioner’s GST Registration had been cancelled by the Local GST Officer on the ground of not furnishing the returns within prescribed time from October 2018 to March 2019.
• The Petitioner has contended that adequate opportunity was not given to them for giving reasons for such non-filing of returns;
• The Hon’ble Karnataka HC noted the Petitioner’s contention that Section 30 of the CGST Act, 2017 ('the Act') empowers the proper officer to revoke the cancellation of registration subject to the condition that the Applicant files the return within the time fixed by such officer;
• Accordingly, the Court directed the Petitioner to submit the returns for the period October 2018 to March 2019 within 2 weeks from the receipt of the order. On submission of the said returns, the respondent auhtority was directed to consider the same for revocation of cancellation of registration in terms of Section 30 of the Act.
• Further, the High Court observes that Authority shall assist the petitioner relating to technical glitches, if any faced, in filing of the returns.

Gujarat HC in a landmark judgment rules that CENVAT credit earned under the erstwhile Central Excise Law is a constitutional right of the writ-applicants and it cannot be denied for merely failing to file a declaration in absence of Law in that respect. Such right cannot be taken away by virtue of merely framing Rules thereunder

In a landmark judgment, the Hon’ble Madras HC allows the Petitioner to avail the credit of Education Cess, Secondary / Higher Education Cess and KKC into GST regime vide declaration in TRAN-1. This judgment comes as a huge relief to taxpayers having substantial credit of the aforesaid cesses unutilised

Gujarat HC notes the Petitioners' plea that Section 47 of the CGST Act, 2017 talks about late fees for filing various returns under Section 37, 38, 39 or 45, whereas GSTR-3B cannot be considered as a return under section 39 and accordingly provides ad-interim relief to writ petitioners challanging late fees for filing Form GSTR-3B

While presenting the Union Budget for 2018-19, it was announced that Section 194N would be introduced into the Income Tax Act, 1961 in order to discourage cash transactions and move towards cash less economy. The said Section provides for levy of tax @ 2% on cash payments in excess of 1 crore Rupees in aggregate made during the year, by a banking company or cooperative bank or post office, to any person from one or more accounts maintained with it by the recipient. In this regard, CBDT has now issued a press release dated 30 August 2019 clarifying as below:

• Section 194N inserted in the Act, is to come into effect from 01 September 2019;
• It is further clarified that any cash withdrawal prior to 01 September 2019 will not be subjected to the TDS under section 194N of the Act;
• Since the threshold of Rs. 1 crore is with respect to the previous year, calculation of amount of cash withdrawal for triggering deduction under section 194N of the Act shall be counted from 01 April 2019. In other words, if a person has already withdrawn Rs. 1 crore or more in cash upto 31 August 2019 from one or more accounts maintained with a banking company or a cooperative bank or a post office, the two per cent TDS shall apply on all subsequent cash withdrawals.

CBIC waives off the requirement for furnishing details under Form ITC-04 for the period July 2017 to March 2019.

Further, it has waived off late fees payable for certain districts of flood affected states and the State of Jammu and Kashmir for particular returns

WB AAR: Works Contract Service deemed to have been made on 01 July 2017 to the extent any fund for such supply is credited into the account for such service as on the appointed day. Accordingly, such receipt of mobilization fund subject to GST charges, irrespective of whether it was chargeable or not under the erstwhile indirect tax regime

CBIC vide their tweet dated 27 August 2019 confirms that Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 for Service Tax and Central Excise will be operationalized from 01 September 2019

On recommendations of the GST Council, CBIC extends the due date for furnishing Annual Return in Form GSTR-9 and Reconciliation Statement in Form GSTR-9C for the F.Y. 2017-18 till 30 November 2019

Due Date for filing GSTR - 3B for the month of July 2019 extended upto 22 August 2019

Notification to this effect to be released shortly