"20 June 2018" Archive

GST: Seizure of goods for alleged intention to evade tax without opportunity to taxpayer to explain his conduct is invalid

M/s M.K. Enterprises v. State of U.P. & 3 Others (Allahabad High Court)

M/s M.K. Enterprises  v. State of U.P. & 3 Others (Allahabad High Court) Assessee was not given any opportunity to show cause or give reply to the allegation on which goods had been seized on account of absence of Transit Declaration Form (TDF), it was held that as the petitioner had no notice or opportunity […]...

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No Penalty for non / Late filing of GST Return due to technical issues: HC

Manu International Vs. State Of U.P. & 5 Others (Allahabad High Court)

Manu International Vs. State of U.P. (Allahabad High Court) Penalty should not be imposed where the assessee is unable to file the GST returns and pay the taxes for technical issues relating to migration. The petitioner is a registered partnership firm under the U.P. VAT Act, 2008. On the enforcement of the GST, it applied […]...

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Govt/Authority providing services to other Govt/Authority is exempted from GST: AAR

In Re. IT Development Agency (ITDA), Govt. of Uttrakhand, Dehradun (AAR Uttrakhand)

Now the issue to be decided whether the services received by the applicant from IIT, Mumbai is liable to GST or not In this context, we find that serial no. B of Part 3 of GST Tariff- Services [ Chapter 99] provides the list of nil rated/ fully exempted services. On going through the said list, we find that Government/Authority providing ...

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HC directs Municipal Corporation, Raipur to Consider GST reimbursement application as per law

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court)

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Learned counsel appearing for the petitioner would submit that petitioner has made an application on 05.04.2018 before the respondent authorities for reimbursement of additional Goods and Services Tax (GST) liability on civil contract and work order issued pri...

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Management Of NPA- New Suggestion- An Old Wine In New Bottle

Recently Mr. Piyush Goyal, Finance Minister, announced setting up of a committee to give recommendations in two weeks on formation of an asset reconstruction company for faster resolution of stressed assets besides mooting the idea of BAD BANK. ...

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In absence of PE Non-Competent Fee received by UK Company from Indian Company not Taxable in India: AAR

Mr. Kanchun Kaushal Vs Ms. Kavita Pandey (Authority for Advance Rulings)

Mr. Kanchun Kaushal Vs Ms. Kavita Pandey (AAR Delhi) Non-compete fees received by the Applicant from ADI BPO Services Private Ltd., an Indian Company, as a part of the consideration for transfer of the shares held in MPS Ltd. an Indian Company, though income from “Profits and gains of business or profession” as provided under [&hellip...

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Benefit of VCES 2013 cannot be denied for mere Technical Defects

Neyyattinkara Municipality Vs Deputy Commissioner of central excise & service Tax (Kerala High Court)

Declaration made by the petitioner under the Voluntary Compliance Encouragement Scheme, 2013 has been rejected in terms of the order impugned in the writ petition on the ground that they have not submitted the amended declaration in accordance with the procedure prescribed in Circular No. 170/5/2013-ST dated 8.8.2013. As per the said circ...

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GST of Rs.3.86 Crores recovered from Civil Contractor

A corporate taxpayer engaged in civil works for Central and State Departments as well as for private entities has defaulted in payment Of GST. On the same being point out, the Contractor deposited Rs.3.86 Crores towards their liability....

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Rs. 6,087 crore IGST refund sanctioned in 2nd Special Refund Fortnight

By the end of 16th June, 2018, Rs.6,087 crore IGST refund has been sanctioned in the refund fortnight. The interesting facts during the second fortnight are (i) about 1,68,191 shipping bills have been processed (ii) IGST refund claims of about 9,293 exporters have been sanctioned including about 3500 new exporters, whose refunds had been ...

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CCI approves acquisition of Monsanto by Bayer AG U/s. 31(7) of Competition Act, 2002

CCI approves the acquisition of Monsanto by Bayer AG under Section 31(7) of the Competition Act, 2002, subject to modifications/remedies to address the anti-competitive effects resulting from the said acquisition ...

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