CA K. Jitendra Babu

GST: Lots of ground to be covered before implementation

Goods and Services Tax - Any hurry in implementing the GST, without giving proper time to the trade and industry, would result in lot of litigation and chaos. Some of the issues which are not yet settled in the Acts, draft rules are listed hereunder, which hamper the preparation at the end of taxable person and implementation of GST from 01.07.2017 would be diffi...

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Important changes in Revised Draft Model GST Law

Goods and Services Tax - Definition of Aggregate turnover has been modified. Non-taxable supplies have been excluded from the aggregate turnover, while inter-state supplies were added. This is a right move as non-taxable supplies cannot be part of aggregate turnover....

Read More

Model IGST Law – Issues to be considered

Goods and Services Tax - On going through the Model IGST Law, it is noticed that many of the concessions/exemptions available hitherto under Central Sales Tax (CST) Act are not incorporated in the Model IGST Law. While the GST is expected to be provide seamless credit on all transactions, with minimum exemptions/concessions...

Read More

Stay matters in tax appeals – Need for equitable redressal meachanism

Goods and Services Tax - It is common experience of trade, industry and professionals to come across stay orders passed by appellate authorities in tax appeals, in a very routine and un-lawful manner, without going into the facts and merits of the case, ordering for deposit of major portion of the disputed demand that shake the faith of the assessees in the redre...

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Attachment of Bank Account, pending stay petition, by VAT Authorities

Goods and Services Tax - Many a time, bank accounts are attached while stay petition filed by the dealer is pending before the appellate authority. Attachment notice is sent to the bank along with notice to the dealer to deposit pending disputed dues, without giving any opportunity to the dealer to represent his case. In some of the cases, attachment notices...

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Entry Tax –Supreme Court Constitutional Bench Judgement Analysis

Jindal Stainless LTD & ANR. Vs State of Haryana & ORS. (Supreme Court of India) - Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supreme Court by its judgement delivered on 11.11.2016...

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Service Tax Excess payment can be adjusted in Subsequent months

M/s. Schwing Stetter (India) Pvt Ltd Vs Commissioner of Central Excise, LTU (CESTAT Chennai) - Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a month to recognise the excess payment made in the month of May, 2011 and hence it was adjusted against the tax liabilities for the month of July, 2011...

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Rectification application can be filed,claiming benefit of a subsequent Judgement,even assessments were completed

Sri Anjaneya Agro Tech Private Limited Vs The Dy. Commissioner of Commercial Taxes (Audit) (Karnataka High Court at Bengaluru) - In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audit) [2016-VIL-63-KAR], Hon 'ble High Court of Karnataka has ruled that assessee-dealer is entitled to claim benefit of a subsequent judgement of the court, even after comp...

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Sodexo Vouchers are not liable for Octroi or LBT :SC

Sodexo Svc India Pvt. Ltd. Vs State Of Maharashtra And Ors. (Supreme Court of India) - In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo meal vouchers are utility goods- Octroi & LBT can be levied on the same. Sodexo has preferred an appeal against the verdict in Supreme Court...

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SACD refund is admissible, even if appropriate Sales Tax/VAT was less than SACD or Nil

M/S Gazal Overseas Vs Commissioner of Customs (Cestat Delhi) - Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on the imported goods, provided such imported goods are sold in the domestic market on payment of VAT/Sales Tax....

Read More
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Recent Posts in "CA K. Jitendra Babu"

GST: Lots of ground to be covered before implementation

Any hurry in implementing the GST, without giving proper time to the trade and industry, would result in lot of litigation and chaos. Some of the issues which are not yet settled in the Acts, draft rules are listed hereunder, which hamper the preparation at the end of taxable person and implementation of GST from 01.07.2017 would be diffi...

Read More

Important changes in Revised Draft Model GST Law

Definition of Aggregate turnover has been modified. Non-taxable supplies have been excluded from the aggregate turnover, while inter-state supplies were added. This is a right move as non-taxable supplies cannot be part of aggregate turnover....

Read More

Entry Tax –Supreme Court Constitutional Bench Judgement Analysis

Jindal Stainless LTD & ANR. Vs State of Haryana & ORS. (Supreme Court of India)

Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supreme Court by its judgement delivered on 11.11.2016...

Read More

Model IGST Law – Issues to be considered

On going through the Model IGST Law, it is noticed that many of the concessions/exemptions available hitherto under Central Sales Tax (CST) Act are not incorporated in the Model IGST Law. While the GST is expected to be provide seamless credit on all transactions, with minimum exemptions/concessions...

Read More

Service Tax Excess payment can be adjusted in Subsequent months

M/s. Schwing Stetter (India) Pvt Ltd Vs Commissioner of Central Excise, LTU (CESTAT Chennai)

Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a month to recognise the excess payment made in the month of May, 2011 and hence it was adjusted against the tax liabilities for the month of July, 2011...

Read More

Stay matters in tax appeals – Need for equitable redressal meachanism

It is common experience of trade, industry and professionals to come across stay orders passed by appellate authorities in tax appeals, in a very routine and un-lawful manner, without going into the facts and merits of the case, ordering for deposit of major portion of the disputed demand that shake the faith of the assessees in the redre...

Read More

Attachment of Bank Account, pending stay petition, by VAT Authorities

Many a time, bank accounts are attached while stay petition filed by the dealer is pending before the appellate authority. Attachment notice is sent to the bank along with notice to the dealer to deposit pending disputed dues, without giving any opportunity to the dealer to represent his case. In some of the cases, attachment notices...

Read More

Rectification application can be filed,claiming benefit of a subsequent Judgement,even assessments were completed

Sri Anjaneya Agro Tech Private Limited Vs The Dy. Commissioner of Commercial Taxes (Audit) (Karnataka High Court at Bengaluru)

In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audit) [2016-VIL-63-KAR], Hon 'ble High Court of Karnataka has ruled that assessee-dealer is entitled to claim benefit of a subsequent judgement of the court, even after completion of assessments, by filing rectif...

Read More

Sodexo Vouchers are not liable for Octroi or LBT :SC

Sodexo Svc India Pvt. Ltd. Vs State Of Maharashtra And Ors. (Supreme Court of India)

In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo meal vouchers are utility goods- Octroi & LBT can be levied on the same. Sodexo has preferred an appeal against the verdict in Supreme Court...

Read More

SACD refund is admissible, even if appropriate Sales Tax/VAT was less than SACD or Nil

M/S Gazal Overseas Vs Commissioner of Customs (Cestat Delhi)

Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on the imported goods, provided such imported goods are sold in the domestic market on payment of VAT/Sales Tax....

Read More
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