CGST Act

Telangana HC anticipatory bail GST ITC fraud
Case BriefsHigh Courts

The Court held that although allegations of fraudulent availment of Input Tax Credit under the CGST Act constitute serious economic offences, arrest cannot be made as a matter of course. Where the investigation is primarily based on documentary evidence already in the custody of the authorities and custodial interrogation is not shown to be indispensable, anticipatory bail deserves to be granted subject to appropriate safeguards.

ITC claim on share buyback expenses
Case BriefsTribunals/Commissions/Regulatory Bodies

Reaffirming the principle that transactions in securities fall outside the ambit of GST, the Gujarat Appellate Authority for Advance Ruling held that ITC on share buyback expenses is inadmissible and must be reversed under Section 17(3) of the CGST Act, 2017.

delhi high court
Case BriefsHigh Courts

“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”

Authority for Advance Ruling (Karnataka)
Advance RulingsCase Briefs

KAAR ruled that reimbursement of expenses at actual cost which are incurred by the employee on behalf of the company is not liable to tax and reverse charge mechanism is not applicable on reimbursement of expenses on actuals to a whole-time director of the company who is also an employee of the company.

NCLT
Case BriefsTribunals/Commissions/Regulatory Bodies

That various stakeholders are to be considered by the Resolution Professional under the relevant provisions of IBC andin accordance with law, and the same should be placed before the CoC for approval. Thus, the resolution plan was sent back for approval by the Committee of Creditors.