GSTPAM News Bulletin March 2025

GIST OF TRIBUNAL JUDGEMENTS (VAT)

Compiled by CA Rupa Gami

1. M/s Kaishar Interiors Pvt. Ltd. in Vat S.A. No. 430 of 2019 dated 19/08/2024 Set off disallowed in assessment on account of hawala purchases and RCC purchases. Penalty levied under Section 29(4) of the MVAT Act. In first appeal, additional set off disallowed and penalty levied under section 29(3). It was contended by the petitioner that disallowance of set off is illegal and without following the guidelines laid down in the Mahalakshmi judgement. Penalty so levied under section 29(4) and 29(3) was not attracted as even after the disallowances, the assessment had resulted in refund. That the penalty was levied mechanically, no mens rea was proved and no connivance between seller and buyer was proved by the lower authorities. The Tribunal judgement in the case of Texnzymes (Vat S.A. 1045 of 2018 dated 06.01.2021) was relied upon. The Hon’ble Tribunal observed that the said levy of penalty was without giving an opportunity for hearing and since there was no concealment or mens rea, penalty was not attracted. The first appeal order imposing penalty was set aside. (Petitioner represented by Adv. C.B.Thakar)
2. M/s Jaihinnd Road Builders Pvt. Ltd. in Vat S.A. No.11 of 2023 dated 14/08/2024 The Assessing Officer passed the order on the basis of vat returns filed since during the time, the director of the company had contracted Covid 19 and his office was closed and the accountant had changed. The Assessment Order so passed was without taking into account the balance carry forward of the previous year. In the assessment order passed for period 2016-17 carry forward amount was disallowed which was later allowed in appeal. Further, the vat return filed figures were considered and the figures as per vat audit report were not considered. The Tribunal observed that sales and purchase invoices could not be produced of that period. The books and invoices are now with appellant which are required to be considered and the order to be modified. Order was set aside and matter was remanded to the first appellate authority. (Petitioner represented by CA Shubham Agarwal)
3. M/s Nestor Hotels Pvt. Ltd. in Vat S.A. No. 305 of 2024 dated 07/08/2024 The appeal order was passed ex parte. It was contended by the appellant that the set off was disallowed, interest was calculated wrongly under section 30(2) and 30(3) and penalty was levied. The appellant had not received the hearing notice which resulted in non-attendance and dismissal of appeal. The Hon’ble Tribunal observed that the appellant is required to be given one more opportunity of hearing and case be decided on merits. The matter was remanded to the first appellate authority. (Petitioner represented by Adv. Anil Sonar)
4. M/s AAA Packaging Technology in Vat S.A. No. 258 of 2024 dated 08/08/2024 The first appeal was dismissed for non-attendance. Thus, second appeal was filed under the CST Act for disallowance of C Forms. The assessee had opted for Amnesty scheme 2019 for missing declaration forms and filed the second appeal for balance C Forms which were produced. The Tribunal observed that one more opportunity be given to the appellant to produce C Forms before the first appellate authority. Matter was remanded to first appellate authority. (Petitioner represented by STP P.S.Vedang)

IMPROVE YOUR FINANICAL WELL BEING

…Continue from Feb. 2025 issued Part 2.

Compiled by By Mr. Tushar P. Joshi

1. Returns Tax planning in conjunction with Financial Planning: For most of us, tax planning is an end-of the year, last minute exercise. Tax planning should actually be done keeping in mind our needs, life goals and risk appetite in conjunction with the overall financial planning.
2. Budgeting: To gain control over your finances, you need to know how much you are earning and where you are spending. Budgeting will help you to identify high expense area and realize that a good amount of your income is being wasted there. This knowledge can be very helpful in saving money.
3. Write you WILL: In the normal course, we plan to write our WILL after 60-70 years of age. But unfortunately, most people die without writing their WILL and hence we see several family feuds around us. Therefore a person above 18 years, having sound mind and assets/life insurance policy should write WILL.
4. Share your financial affairs with at least one trusted person: we often read in newspapers about billions of unclaimed money being stashed in bank accounts. The underlying cause for this is that no other member in the family of the deceased person is aware about the finances left behind, and hence the money cannot be used by the surviving family members. Therefore, one should share all the financial matters with at least one trusted person.
5. Take advice from the right experts: In India the financial service providers often focus off providing commission based recommendations. They are not bothered about providing knowledge to their customers to help them manage their money for financial well-being. Hence, we need financial experts who can give solutions considering one’s overall needs, attitude, life style, risk tolerance and financial situation. Transparency and honesty are the main aspects you must consider while selecting a financial planner for yourself. While we often seek expert professional advice in every field, such as consulting a doctor for our health, an architect for constructing our home, a CA for managing our taxes, or a lawyer for handling our legal matters, then why do we not consider taking the advice of a Certified Financial Planner for our Financial Planning?
6. Review your finance: Keeping a regular eye on your personal finances will help you make the most of your money. Reviewing things like your goals, bank accounts, loans, insurance, savings, and investments will also help make sure they’re still right for you. It will also alert you early to potential financial problems. “A good financial plan is a road map that shows us exactly how the choices we make today will affect our future”

CIRCULAR FOR RENEWAL OF MEMBERSHIP/SUBSCRIPTION CHARGES FOR THE F.Y. 2025-26

Dear Members,
RENEWAL OF MEMBERSHIP FOR F.Y. 2025-26

The Membership Fees for the year 2025-26 are due for renewal on 01.04.2025. We appreciate your Continuing support and participation in the activities of our Association.

The timely Renewal of Membership will enable the membeês to continuously receive the updates on various activities of GSTPAM along with the GSTReview, News Bulletin, Circulars, Messages, Webinars and online access to the website www.gstpam.org. The Life Members only need to renew the subscription charges for the GST Review. The members can also avail the benefit of discount by paying advance for subsequent two years membership fees /subscriptioncharges.

The Membership Renewal Fees received after 30thApril, 2025 will be subject to approval of the Managing Committee. If the Renewal fees for a particular year are not paid, then the member is liable to pay Admission Fees again for Renewal in the subsequent year.

Delayed Renewal Members will be provided Pre Renewal GST Review subject to availability upon payment of such additional courier charges.

The details of Membership/Subscription Fees are given below for your ready reference

New Membership Application (Firm/LLP)

Advance Membership/ Subscription charges for subsequent Three years 2026-27 & 2028-29 (Non-Refundable)

Advance Membership/ Subscription charges for subsequent Five years (Non-Refundable)

Subscription for GST Review for F.Y. 2025-26 by Non-Members (Non-Refundable)

Advance subscription charges for GST Review by non-members for subsequent two years (Non-Refundable)

Advance subscription charges for GST Review by non-members for subsequent Three years (Non-Refundable)

Notes: –

1. Membership Fees are inclusive of GST.
2. The Subscription Charges are payable by only those life members, who wish to subscribe to the “GST Review”.
3. No subscription charges are payable by Ordinary Local/Outstation Member

Modes of Payment:-

We value your continuation of the membership and look forward to your renewal to this effect.

Dated:- 10.03.2025

Jatin Chheda

Rahul Thakar

Hon. Jt.Secretary

THE GOODS & SERVICES TAX PRACTITIONERS’ ASSOCIATION OF MAHARASHTRA

INTENSIVE STUDY COURSE CIRCULAR FOR THE YEAR 2024-25

In the rapidly changing field of Goods & Services Tax (GST), where new updates, amendments, notifications and circulars are a constant, staying informed is essential. The complexity of GST requires the tax professionals to continually refresh and deepen our understanding to apply the law effectively.

Our association’s Intensive Study Circle is an esteemed platform designed to help members navigate these challenges. Through in-depth discussions and interactive sessions, participants gain critical insights and practical knowledge that are indispensable in today’s dynamic professional landscape.

We are excited to launch the 2024-25 session on Wednesday, September 4, 2024. We invite you to join this highly anticipated event, where we will explore various facets of GST law, sharing expertise and practical solutions to real- world issues.

The intensive study circle is designed for maximum interaction wherein, a participant member can opt for or an expert speaker acts as a group leader and leads the discussion on the latest issues arising out of the assigned topic and some of the top eminent faculty and senior in the profession acts as a monitor and guide through out the duration of the session. The meetings will be generally arranged on 1st, 3rd or 5th Friday of the month, during 04.30 p.m. to 7.00 p.m. on virtual mode. There are around 15 meetings in the Intensive Study Circle.

The inaugural meeting of the Intensive Study Circle shall be held on Wednesday, 04-09-2024 between 04.30 p.m. to 7.00 p.m. Virtual mode on the subject “ISD (Input Service Distribution) vs CC (Cross Charge). ISD Mechanism made compulsory from 1 Apr 2025 under GST – Indepth Analysis”. The topic will be lead by Adv. Monarch Bhatt under the Chairmanship of CA Vikram Mehta. Please note all other sessions will be carried out on virtual platform. The Intensive Study Circle Meeting Fee is fixed at Rs. 1,650/- including GST for Members and 1850/- including GST for Non members. You are requested to enroll at the earliest to avoid disappointment. Kindly use photocopy of the Enrolment form printed here in below. Also write your email address and mobile number for better communication.

Member interested to act as group leader should inform by filling up the option in the Form of “I wish to be a group leader for the subject” and are requested to contact the Convenor/s on Cell No. 98211 21433 /9224386682/9821441740/9892512345

Note:
1. GST lectures will be in form of group discussion, which will be helpful to study the new law.
2. If the materials are received 3 days earlier to the date of meeting, the same will be circulated through mails to the participants.
3. Participants are requested to discuss only the points related to the particular topic of the meeting and to come prepared for the subject, which will be helpful for the discussion.

 ENROLMENT FORM FOR INTENSIVE STUDY CIRCLE MEETINGS FOR THE YEAR 2024-25

To,

Convener,

Intensive Study Course

The GSTPAM, Mazgaon, Mumbai – 400 010.

Dear Sir,

Please enroll me as a participant for the Intensive Study Course for the year 2024-25. The Registration fees of Rs. 1,650/- (for members) and Rs. 1,850/- (for non-members) 18% Including GST is enclosed herewith by Cash/DD/Cheque No.______________________ dated ______________________ drawn on ______________________

Particulars of Member/Participant

Signature: ______________________

Our members have an option to subscribe to our monthly academic magazine, “GST Review”, which is one of the oldest monthly publications on indirect tax laws in the Country. You get access to indepth articles, analysis and updates on all aspects of indirect tax laws by veteran experts. Latest notifications and circulars are also printed in the same for the benefit of the subscribers.

For the benefit of our readers we are reproducing the index of the topics covered in the last month. Subscription form is available in this News bulletin. Please take this opportunity and become our member and subscribe to the GST Review.

OUR PUBLICATIONS AVAILABLE FOR SALE

Payment Link for Publication on Sales : https://www.gstpam.org/online/purchase-publication.php

GSTPAM News Bulletin Committee for Year 2024-25

Ashish Ruparelia Jt. Convenor

Aloke R. Singh Convenor

Pankaj Parekh Chairman