The ruling states that the applicant has used the word “accessory” along with sharpener and eraser which means they are not essential or integral to pencil but they are useful and therefore, they are not naturally bundled.
The AAR
notes that the argument of the applicant that these items are generally sold together in this industry is not acceptable because they are also sold independently and it is a marketing technique to increase sale of sharpener and eraser.
In my view, GST Council should intervene in this case as this is industry practice to have sharpener and eraser bundled with pencils.
"पढ़ेगा इंडिया, तभी तो आगे बढ़ेगा इंडिया !" is not merely a slogan but a goal to be achieved.
Considering the Literacy rate in India and stress on Middle Class to promote education, this is fit case for considering this kit as "Naturally Bundled" and provide relief.
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Whether a Person who opts to make a payment as per Section 129(1)(a) to get his Conveyance/Goods released (which were earlier detained and Seized U/s 129) is deprived of his right to file appeal U/s 107 against proceedings?
Kerala High Court held:
✅Voluntary payment does not deprive person of Appeal ✅ Whether or not a person opts to make payment U/s 129(1)(a) or provide security U/s 129(1)(c) it is the responsibility of the Officer to pass an Order U/s 129(3)
and upload Summary of Order/Demand in the Form MOV-07.
Title: Hindustan Steel and Cement vs Asstt. STO
Court: Kerala High Court
Citation: Writ Petition (C) No 17454/2022
Dated: 18-Jul-2022
When can an Order be considered "Non-Speaking" or "Non-Reasoned" Order?
When an Order becomes "Cryptic" Order?
First #Appeallate Authority passed an Order of 5 pages affirming cancellation of #GST#registration but out of those 5 pages, 4 pages were copy paste of Memo of Appeal.
Facts and Timelines:
10-Feb-2021: Show Cause Notice was issued to the petitioner on the ground that he was not functioning/not existing at the principal place of business.
Notice remained unreplied.
06-Mar-2021: The cancellation order was passed by the Assessing Authority.
Assessee preferred statutory appeal against the cancellation order.
It is not in dispute to the Department that GST return was filed by the Assessee right from its implementation since July, 2017 till November, 2020.
27-Oct-2021: Appellate Authority rejects the Appeal.